Extracted standards
10 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Cash proffers eligibility5 pct
Cash proffers may be accepted by the city at such time that Martinsville meets state statutory eligibility requirements. This will occur if and when the city achieves a five (5) percent decennial population growth based on the reporting of the U.S. Bureau of Census.
- Exemptions from proffer requirements3 FARFloor area ratio (FAR)Total floor area divided by lot area — an FAR of 2.0 permits 20,000 sq ft of floor on a 10,000 sq ft lot.
The provisions of this section shall not apply to any eligible new residential development or new residential use occurring within: a. An adopted small area comprehensive plan in which the delineated area is designated as a revitalization area, encompasses mass transit, includes mixed use development, and allows a density of at least 3.0 floor area ratio in a portion thereof; b. An approved small area comprehensive plan that encompasses an existing or planned Metrorail station; c. An approved service district that encompasses an existing or planned Metrorail station.
- Off-site proffer reasonableness test
An off-site proffer shall be deemed unreasonable unless it addresses an impact to an off-site public facility, such that: a. The new residential development creates a need for public facility improvements in excess of existing capacity, and b. Each such development receives a direct and material benefit from the proffer.
- On-site proffer reasonableness test
An on-site proffer shall be deemed unreasonable unless it addresses an impact that is specifically attributable to the application for a proposed new residential development or other new residential use.
- Criteria for acceptance of proffers
Proffers shall only be accepted by the city council if: a. The rezoning itself must give rise to the need for the condition. b. All such conditions shall directly benefit the development and the property. c. All such conditions shall serve to fulfill the goals, objectives, and recommendations of the city's comprehensive plan. d. Such conditions shall be voluntarily offered, accepted by the city, and capable of being readily and effectively enforced. e. Such conditions shall be deemed reasonable, but necessary and sufficient to offset the identified infrastructure problems.
- Proffer analysis submission timeline30 days
Within thirty (30) days after receipt of a complete zoning application, the zoning administrator shall submit to the petitioner a written proffer analysis.
- Proffer continuation after zoning change
Once proffered and accepted as part of an amendment to the zoning ordinance, the proffered conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a city-initiated new or substantially revised zoning ordinance.
- Proffer recordation requirement
If the city council approves the rezoning petition and accepts the written proffer, the city attorney shall, within ten (10) days of the city council's action, present the written proffer to the clerk of the circuit court for recordation.
- Proffer statement public review period10 days
The planning commission shall not consider any proffer not made available for public review for at least ten (10) calendar days prior to the public hearing.
- Proffers must be voluntary and reasonable
The key test for a proffer is: a. That it be reasonable, and b. That it shall be voluntarily offered by the property owner/applicant.
From the ordinance
Proffers are voluntary and reasonable conditions that may be offered only by a property owner in conjunction with a zoning map amendment ('rezoning') application.