33.1-410 - Creation of district.
§ 33.1-410. Creation of district.
A. A district may be created in a single locality or in two or morecontiguous localities. If created in a single locality, a district shall becreated by a resolution of the local governing body. If created in two ormore adjoining localities, a district shall be created by the resolutions ofthe local governing bodies of the localities. Any such resolution shall beconsidered only upon the petition, to each local governing body of thelocality in which the proposed district is to be located, of the owners of atleast fifty-one percent of either the land area or the assessed value ofland, in each locality, which (i) is within the boundaries of the proposeddistrict and (ii) has been zoned for commercial or industrial use or is usedfor such purposes. Any proposed district within a county or counties mayinclude any land within a town or towns within the boundaries of such countyor counties.
B. The petition to the local governing body or bodies 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 which the petitioners request for the proposeddistrict;
4. Describe the benefits which can be expected from the provision of suchtransportation improvements within the district; and
5. Request the local governing body or bodies to establish the proposeddistrict for the purposes set forth in the petition.
C. Upon the filing of such a petition, each local governing body shall fix aday for a hearing on the question of whether the proposed district shall becreated. The hearing shall consider whether the residents and owners of realproperty within the proposed district would benefit from the establishment ofthe proposed district. All interested persons who either reside in or owntaxable real property within the proposed district shall have the right toappear and show cause why any property or properties should not be includedin the proposed district. If real property within a town is included in theproposed district, the governing body shall deliver a copy of the petitionand notice of the public hearing to the town council at least thirty daysprior to the public hearing, and the town council may by resolution determineif it wishes such property located within the town to be included within theproposed district and shall deliver a copy of any such resolution to thelocal governing body at the public hearing required by this section. Suchresolution shall be binding upon the local governing body with respect to theinclusion or exclusion of such properties within the proposed district. Thepetition shall comply with the provisions of this section with respect tominimum acreage or assessed valuation. Notice of the hearing shall be givenby publication once a week for three consecutive weeks in a newspaper ofgeneral circulation within the locality. At least ten days shall intervenebetween the third publication and the date set for the hearing.
D. If each local governing body finds the creation of the proposed districtwould be in furtherance of the locality's comprehensive plan for thedevelopment of the area; in the best interests of the residents and owners ofreal property within the proposed district; and in furtherance of the publichealth, safety, and welfare, each local governing body may pass a resolution,which shall be reasonably consistent with the petition, creating the districtand providing for the appointment of an advisory board in accordance withthis chapter. The resolution shall provide a description with specific termsand conditions of all commercial and industrial zoning classifications whichshall be in force in the district upon its creation, together with anyrelated criteria and a term of years, not to exceed twenty years, as to whicheach such zoning classification and each related criterion set forth thereinshall remain in force within the district without elimination, reduction, orrestriction, except (i) upon the written request or approval of the owner ofany property affected by a change or (ii) as specifically required to complywith state or federal law.
Each resolution creating a district shall also provide that the districtshall expire either (i) thirty-five years from the date upon which theresolution is passed or (ii) when the district is abolished in accordancewith this chapter. After the public hearing, each local governing body shalldeliver a certified copy of its proposed resolution creating the district tothe petitioning landowners or their attorneys-in-fact. Any petitioninglandowner may then withdraw his signature on the petition, in writing, at anytime prior to the vote of the local governing body. In the case where anysignatures on the petition are withdrawn, the local governing body may passthe proposed resolution only upon certification that the petition continuesto meet the provisions of this section. After all local governing bodieshave adopted resolutions creating the district, the district shall beestablished and the name of the district shall be "The ........Transportation Improvement District."
(1993, c. 395.)