HomeMy Public PortalAboutTOL PR 2014-02-19 Council opposition to HB 1084 and SB 578
Town of Leesburg
News Release
For Immediate Release
Leesburg Town Council Takes Position on General Assembly
Bills Regarding Land Development Applications
Senate Bill 578 and House Bill 1084 would have a “chilling effect” on land use
decisions within the Town, according to Council
Leesburg, VA (February 19, 2014) – The Leesburg Town Council recently sent a strongly worded
letter to Loudoun County state legislators in opposition to Senate Bill 578 and House Bill 1084.
These companion bills make significant changes to existing law regarding appeals of land use
application approvals and denials.
If the bills become law, not only could an applicant sue the Town over the denial of a land use
application, but an applicant could sue over specific conditions (also known as proffers) of an
approved application, even though they voluntarily agreed to the conditions.
“Our concern is that the proposed law would allow applicants to strip away conditions or
proffers of an approved rezoning or special exception, but leave the base approval in place,”
explained Vice Mayor David Butler. “Proffers are the means by which the Town mitigates the
cost of new development to the overall community, because we can’t assess impact fees. If
proffers are stripped away, the taxpayers will end up bearing the cost of the infrastructure
needed to support new development.”
The proposed law would also allow the courts to award attorneys fees and damages.
“If these bills become law, the Council will be reluctant to accept generous proffer packages
that we have in the past, for fear that the applicant will later sue,” said Mayor Kristen Umstattd.
“The bottom line is that the taxpayers will have to pay for many of the infrastructure
improvements that developers currently fund.”
A copy of the Council’s letter is available on the Town website at www.leesburgva.gov.
Contact:
Betsy Fields, Research & Communications Manager
bfields@leesburgva.gov · 703-771-2734
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