Local Government Law Flashcards
Difference between locality and municipality
Locality-city, town and county
Municipal corporation-cities and towns but not counties.
What are counties?
Unincorporated govt districts of the Commonwealth created for the convenience of the sovereign. Counties are units of the state govt providing a broad range of services.
What are cities, towns, and other municipal corporations?
Created to serve interests and needs of particular populated areas. Given govt and business powers and privileges w/in defined boundaries by charter provisions.
Difference between city, town, and service authority
City: defined boundary, pop. of 5,000 or more, incorporated by charger approved by legislature. Independent of counties.
Towns: no defined boundary, pop. of 1,000 or more, not independent from count in which they are located, has zoning authority and maybe some other powers but country retains a lot of authority like taxing.
Service authority: quasi-municipal corp created for defined purposes like sewer, water, etc. must be created by General Assembly.
What powers do localities have?
No power prior to organization: nature, number, and duration of powers conferred and territory over which they may be exercised all must be expressly provided in the legislatively enacted charter for the locality or in general statutes conferring powers on localities in VA.
Almost all localities have the following powers:
1) Tax real property or local sales tax
2) Sue and be sued
3) Enter into Ks
4) Acquire, hold, and dispose of revenue
5) Exercise eminent domain
6) Borrow money and issue tax exempt bonds
7) Acquire, hold, and dispose of real and personal property
When can a locality redelegate powers?
Some limited redelegation of admin or decision-making responsibilities to subordinate local bodies (not policy setting powers) is permitted, but only if the exercise of the power is controlled by fixed and readily ascertainable standards.
What is Dillon’s rule?
Locality can exercise only those powers granted expressly by statute or charter UNLESS such powers are necessarily implied in or incident to the powers expressly granted OR implied power is essential and indispensable to the declared purposes for creating the locality.
What happens when legislature grants a local govt power to do something but doesn’t specifically direct the method of implementing that power?
The locality’s choice of how to implement the conferred power will be upheld as long as the method selected is reasonable. Doubts as to reasonableness are resolved in favor of the locality.
What power does a locality have to incur debt?
A ballot vote or special hearing must be held before bonds may be issued by a locality. Bonds may be issued only for capital expenditures AND no locality may issue general obligation bonds in excess of 10% of assessed valuation of real estate subject to taxation in the locality.
What are the exceptions to the 10% limit on general obligation bonds?
1) Revenue anticipation bonds: paid back from expected taxes already in place w/in one year.
2) Special fund bonds: paid down in 5 years or payment of which will flow directly from the project to be funded.
What may a locality do in exercise of police power?
Adopt such rules and regulations as are reasonable and necessary for the protection of inhabitants. Must related to health, safety, morals and welfare of inhabitants and must not be arbitrary, discriminatory, or unreasonable.
How may localities raise funds?
No income tax, but may tax property and may license businesses, occupations, or activities based on the gross receipts of an activity.
What are ordinances?
Legislative acts of local govt that have force and effect similar to that of state statutes. Validity of ordinances is presumed, and challenger bears BOP at all stages of court proceeding.
What are the three requirements for validly adopting an ordinance?
1) Prior published notice worded to alert residents who will be affected;
2) Majority vote of the governing body at public meeting;
3) Ordinance is reasonably certain in application.
What are the means of raising a challenge of an ordinance?
Can be raised as a defense to a violation charge.
May also file complaint for declaratory judgment as long as P has real interest.
What are the grounds for invalidating an ordinance?
1) not adopted properly
2) unconstitutionally vague
3) arbitrary or discriminatory–can mean ordinance won’t work/is dumb
4) beyond powers of locality
5) preempted by federal or state law
When are ordinances preempted by state statutes?
Extensive state regulation alone isn’t enough. Grounds for preemption are:
1) GA expressly states local regulation is prohibited
2) Area is regulated by state statutes or regs and local ordinance is inconsistent w/ state law. Look for whether it’s possible to comply w/ both state and local rules.
What is zoning power?
Regulation of land use (part of police power). Designed to stabilize property uses, conserve the value of property, devote areas to selective uses, and encourage the most appropriate use of land. Also regulates height, open space, and permitted uses by ref to districts on a zoning map.
What is a comprehensive plan?
1) Zoning ordinance AND 2) map w/ growth areas designated. Must be updated every 5 years.
Zoning administrator
Administers zoning regulatory scheme. May be a staff of people. Is an enforcement officer who issues violation notices and prosecutes proceedings to compel compliance.
Board of zoning appeals (BZA)
quasi-judicial body that has authority to interpret zoning ordinance, rule on appeals of actions by zoning admin, and grant an exception from normal zoning reqs, called variances.
What is a special use permit?
Allows a landowner to conduct an activity permitted in that zoning district only under specified conditions.
Planning commission
Group that conducts public hearings as to zoning ordinances and maps amendments and makes recommendations to governing body of the locality.
Governing body role in zoning ordinances?
Takes final action on comprehensive plan or amendments after conducting own public hearing. Action may be challenged w/in 30 days.
Appeals to BZA
Notice of appeal must be given to administrator and BZA w/in 30 days after decision being appealed to BZA.
When may BZA authorize a variance?
Demonstrated 1) strict enforcement would result in undue hardship, not shared by other properties in zoning district and vicinity, and 2) granting of variance won’t be detrimental to adjacent property or change the character of the district. Variance aren’t freely given and may come with conditions.
What is conditional zoning?
Applicant may seek a conditional use permit to undertake a particular form of development or use of the property. If not granted outright, applicant may submit written proffers of conditions in an effort to make the proposal palatable to the locality to induce locality to approve proposal.
What is mandatory regulation of subdivisions?
Locality must regulate subdivisions but cannot outlaw them. Actions approving or rejecting proposed subdivisions are presumed correct. Where approval denied, applicant may appeal to CC w/in 60 days of written denial.
What is the effect of grandfather of uses in place before the change?
Lots, activities or signs that preexisted the current zoning ordinances and don’t meet current standards are called lawful non-conforming uses. They may continue but can’t be enlarged, structurally altered, rebuilt after substantial destruction, or resumed after abandonment (2 years). Any grounds for terminating them will be pursued.
What are development plans and how do they relate to vested rights?
Zoning categories and district boundaries are often changed. In general, landowner has no vested right to develop land in accord w/ prevailing zoning, and a change made by the locality will be binding.
