HB 1101 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 1101	VA	2020	D	Affordable housing incentives and financing, Deadlines, Density bonus, Density Increases, Streamline application, Waiver of Fees, Written findings, burden and standard of proof

Provided by Furman

Summary

Allows the governing body of any locality, other than localities to which certain current affordable housing provisions apply, to amend their zoning ordinances to provide for an affordable housing dwelling unit program.
Requires a program to address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of housing affordable to low-and-moderate-income citizens by providing for increases in density to the applicant in exchange for the applicant’s voluntarily electing to provide such affordable housing.
Allows local ordinance to:

establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market conditions,
establish jurisdiction-wide affordable dwelling unit qualifying income guidelines, and
offer incentives other than density increases, such as reductions or waiver of permit, development, and infrastructure fees.

Allows any zoning ordinance establishing an affordable housing dwelling unit program to include reasonable regulations and provisions as to any or all of the following:

Minimum density requirements for an affordable housing dwelling unit program to any site,
the waiver of any fees associated with the construction, renovation, or rehabilitation of a structure;
standards of compliance with the provisions of an affordable housing dwelling unit program and enforcement procedures for noncompliance provided that such local zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local governing body; and
various other provisions set out in the bill.

Requires local ordinances to require local governing bodies to process site or subdivision plans within 280 days.
Outlines specific percentages of density bonuses that localities must grant developers constructing housing developments under this bill.

Allows applicants for density bonuses to request waiver or reduction of local development standards that prevent the construction or impact the financial feasibility of a project of that density; and to request a waiver or reduction for local parking requirements.

Provided by lawmakers