§ 1160. Generally.

(a)

In accordance with the authority granted to the Town by Virginia Code § 15.2-2298, the owner of property for which an amendment is requested may voluntarily proffer in writing reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be in writing and signed by the owner of the property.

(b)

The Town's acceptance of proffers pursuant to this authority shall be in accord with the procedures and standards contained in Code of Virginia § 15.2-2298.

(c)

All conditions proffered by the owner shall meet the following standards:

(1)

The rezoning itself must give rise for the need for the conditions.

(2)

The conditions shall have a reasonable relation to the rezoning.

(3)

The conditions shall be in conformity with the comprehensive plan.

(4)

The conditions must be clearly understood and enforceable.

(5)

The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this ordinance.

(d)

Any such conditions should be submitted prior to the start of the Commission's public hearing on the amendment. All conditions shall be submitted in writing, signed by the owner, prior to the start of the Town Council's public hearing, and shall also be submitted in accord with any adopted Town Council policy pertaining to the submittal of proffers. However, Town Council may accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal.

(e)

The Commission and the Council shall not be obligated to accept any or all of the conditions made by the property owner.

(f)

In the event proffered conditions include the dedication of real property or payment of cash, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the Town from accepting proffered conditions which are not normally included in such capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions should provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered. However, the Town may utilize cash payments for alternative improvements as provided by Code of Virginia § 15.2-2302.2.

(Ord. No. 1419, § 1, 12-11-07; Ord. No. 1681, § 1, 5-14-13)

(Ord. No. 1419, § 1, 12-11-07; Ord. No. 1681, § 1, 5-14-13)