Section 175-150 CONDITIONAL ZONING PROFFERS IN REZONING APPLICATIONS; HIGH GROWTH PERIODS.
As
provided in Virginia Code Section 15.2-2298, notwithstanding
any contrary provisions in Front Royal Town Code Section 175-149, the
provisions of this section shall apply during periods wherein the
County of
Warren has had a population growth of ten percent (10%) or more from
the
next-to-latest decennial census year, based on population reported by
the United
States Bureau of the Census, or during periods when Warren County is
contiguous
with at least three (3) counties which have experienced ten-percent
population
growth or more as described herein.
(Ord.
No.Z-8-00 Amended Virginia
Code Reference & Other Amendment 9-25-00-Effective Upon Passage)
A.
Owners of land making application to the Town of Front Royal
for a zoning reclassification of their land in the Town of Front Royal
may
voluntarily proffer in writing, as part of the rezoning petition,
certain conditions,
subject to the following requirements:
1. The rezoning of
the land must itself give rise to the need for the conditions.
2. The conditions must have a
reasonable
relation to the rezoning of the land.
3. All
conditions shall be in conformity
with the Comprehensive Plan for the Town of Front Royal.
4. The
conditions may include a cash
contribution to the Town of Front Royal or contributions of personal
property
and services.
5. The
conditions
may include dedication of real property for pen space, parks,
schools,
fire departments or their public facilities.
6. The
conditions may include payment for or construction of off-site
improvements.
7. All
conditions shall be in writing and shall be submitted to the Town
of Front
Royal as
part
of the rezoning application prior to
public hearing before the governing body.
(Ord.
No. Z-8-00 Added “governing body” 9-25-00-Effective
Upon
Passage)
B.
No proffer shall be accepted under this section unless and
until the town has adopted a capital improvement program. In the
event
that the proffered conditions include a 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 such
cash is tendered are included in the capital improvement program.
However,
the town may accept proffered conditions which are not
normally included
in the capital improvement program. Proffered conditions shall
provide
for the disposition of dedicated property or cash payments in the event
that
said property or cash payments are not used for the purposes for which
they are
proffered.
C.
Once preferred and accepted as part of an amendment to this
chapter, the conditions shall continue in full force and effect
until a
subsequent amendment changes zoning of the property covered by the
conditions;
provided, however, that such conditions shall continue if the
subsequent
amendment is part of a comprehensive implementation of a new or
substantially
revised Zoning Ordinance.
D.
The Zoning Administrator shall administer and enforce the
conditions attached to a rezoning or amendment to the Zoning Map,
including:
1.
Ordering by written
notice the remedy of any noncompliance with zoning conditions.
2.
Bringing legal action to ensure compliance
with such conditions, including injunction, abatement or other
appropriate
action or proceeding.
3.
Requiring a
guaranty satisfactory to the governing body in an amount sufficient for
and
conditioned upon the construction of any physical improvements required
by the
zoning conditions or a contract for the construction of such
improvements and
the contractor's guaranty in like amount and so conditioned,
which
guaranty shall be reduced or released by the governing body or agent
thereof
upon the submission of satisfactory evidence that the construction of
such
improvements has been completed, in whole or in part.
E.
The failure to meet all conditions shall constitute cause to
deny the issuance of any required use, occupancy or building permit as
may be
appropriate.
F.
The Zoning Map shall show by an appropriate symbol on the map
the existence of conditions attached to zoning. The Zoning
Administrator
shall keep in his office and make available for public inspection a
Conditional
zoning index. This index shall provide ready access to the
ordinance
creating conditions in addition to the regulations provided for in a
particular
zoning district or zone.
G.
The Zoning Administrator shall record in the deed book
records of the Office of the Clerk of the Circuit Court of
Warren County a
certificate with the name of the property owner and a description of
the
property and indicating that the property is subject to conditional
zoning as
shown on the Town of Front Royal Zoning Map.
(Ord.
No. Z-4-89 Added
Entire Section 8-28-89-Effective Upon Passage)