Sec. 19.6-53C

Other

• Standards for proffered conditions

  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 article. (6) The conditions may not include payment for or construction of off-site improvements. (7) The conditions must relate to the physical development or physical operation of the property. (8) The conditions shall not include a requirement that the petitioner create a property owners' association which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities; however, such facilities shall not include sidewalks, special street signs or markers, or special streetlighting in public rights-of-way not maintained by the Virginia Department of Transportation. (9) The conditions shall not include a cash contribution to Appomattox County. (10) The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments, or other public facilities not otherwise provided for in § 15.2-2241, Code of Virginia (1950), as amended.