15.2-852 - Disclosures in land use proceedings.
§ 15.2-852. Disclosures in land use proceedings.
A. Each individual member of the board of supervisors, the planningcommission, and the board of zoning appeals in any proceeding before eachsuch body involving an application for a special exception or variance orinvolving an application for amendment of a zoning ordinance map, which doesnot constitute the adoption of a comprehensive zoning plan, an ordinanceapplicable throughout the county, or an application filed by the board ofsupervisors that involves more than 10 parcels that are owned by differentindividuals, trusts, corporations, or other entities, shall, prior to anyhearing on the matter or at such hearing, make a full public disclosure ofany business or financial relationship which such member has, or has hadwithin the 12-month period prior to such hearing, (i) with the applicant insuch case, or (ii) with the title owner, contract purchaser or lessee of theland that is the subject of the application, except, in the case of acondominium, with the title owner, contract purchaser, or lessee of 10% ormore of the units in the condominium, or (iii) if any of the foregoing is atrustee (other than a trustee under a corporate mortgage or deed of trustsecuring one or more issues of corporate mortgage bonds), with any trustbeneficiary having an interest in such land, or (iv) with the agent, attorneyor real estate broker of any of the foregoing. For the purpose of thissubsection, "business or financial relationship" means any relationship(other than any ordinary customer or depositor relationship with a retailestablishment, public utility or bank) such member, or any member of themember's immediate household, either directly or by way of a partnership inwhich any of them is a partner, employee, agent or attorney, or through apartner of any of them, or through a corporation in which any of them is anofficer, director, employee, agent or attorney or holds 10 percent or more ofthe outstanding bonds or shares of stock of a particular class, has, or hashad within the 12-month period prior to such hearing, with the applicant inthe case, or with the title owner, contract purchaser or lessee of thesubject land, except, in the case of a condominium, with the title owner,contract purchaser, or lessee of 10% or more of the units in the condominium,or with any of the other persons above specified. For the purpose of thissubsection "business or financial relationship" also means the receipt bythe member, or by any person, firm, corporation or committee in his behalffrom the applicant in the case or from the title owner, contract purchaser orlessee of the subject land, except, in the case of a condominium, with thetitle owner, contract purchaser, or lessee of 10% or more of the units in thecondominium, or from any of the other persons above specified, during the12-month period prior to the hearing in such case, of any gift or donationhaving a value of more than $100, singularly or in the aggregate.
If at the time of the hearing in any such case such member has a business orfinancial interest with the applicant in the case or with the title owner,contract purchaser or lessee of the subject land except, in the case of acondominium, with the title owner, contract purchaser, or lessee of 10% ormore of the units in the condominium, or with any of the other persons abovespecified involving the relationship of employee-employer, agent-principal,or attorney-client, that member shall, prior to any hearing on the matter orat such hearing, make a full public disclosure of such relationship and shallbe ineligible to vote or participate in any way in such case or in anyhearing thereon.
B. In any case described in subsection A pending before the board ofsupervisors, planning commission or board of zoning appeals, the applicant inthe case shall, prior to any hearing on the matter, file with the board orcommission a statement in writing and under oath identifying by name and lastknown address each person, corporation, partnership or other associationspecified in the first paragraph of subsection A. The requirements of thissection shall be applicable only with respect to those so identified.
C. Any person knowingly and willfully violating the provisions of thissection shall be guilty of a Class 1 misdemeanor.
(1968, c. 774, § 15.1-73.4; 1970, c. 654; 1988, c. 879; 1997, c. 587; 2004,cc. 498, 552; 2006, cc. 9, 287, 317.)