{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/15.2-2323.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/15.2-2323.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/15.2-2323.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/15.2-2323.html"}],"law_id":347964,"edition_id":2,"section_id":347964,"structure_id":49915,"section_number":"15.2-2323","catch_line":"When impact fees assessed and imposed","history":"1989, c. 485, \u00a7 15.1-498.6; 1992, c. 465; 1997, c. 587; 2007, c. 896.","full_text":"The amount of impact fees to be imposed on a specific development or subdivision shall be determined before or at the time the site plan or subdivision is approved. The ordinance shall specify that the fee is to be collected at the time of the issuance of a building permit. The ordinance shall provide that fees (i) may be paid in lump sum or (ii) be paid on installment at a reasonable rate of interest for a fixed number of years. The locality by ordinance may provide for negotiated agreements with the owner of the property as to the time and method of paying the impact fees.\n\nThe maximum impact fee to be imposed shall be determined (i) by dividing projected road improvement costs in the impact fee service area when fully developed by the number of projected service units when fully developed, or (ii) for a reasonable period of time, but not less than ten years, by dividing the projected costs necessitated by development in the next ten years by the service units projected to be created in the next ten years.\n\nThe ordinance shall provide for appeals from administrative determinations, regarding the impact fees to be imposed, to the governing body or such other body as designated in the ordinance. The ordinance may provide for the resolution of disputes over an impact fee by arbitration or otherwise.\n\n","order_by":null,"text":{"0":{"id":1297917,"text":"The amount of impact fees to be imposed on a specific development or subdivision shall be determined before or at the time the site plan or subdivision is approved. The ordinance shall specify that the fee is to be collected at the time of the issuance of a building permit. The ordinance shall provide that fees (i) may be paid in lump sum or (ii) be paid on installment at a reasonable rate of interest for a fixed number of years. The locality by ordinance may provide for negotiated agreements with the owner of the property as to the time and method of paying the impact fees.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1297918,"text":"The maximum impact fee to be imposed shall be determined (i) by dividing projected road improvement costs in the impact fee service area when fully developed by the number of projected service units when fully developed, or (ii) for a reasonable period of time, but not less than ten years, by dividing the projected costs necessitated by development in the next ten years by the service units projected to be created in the next ten years.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1297919,"text":"The ordinance shall provide for appeals from administrative determinations, regarding the impact fees to be imposed, to the governing body or such other body as designated in the ordinance. The ordinance may provide for the resolution of disputes over an impact fee by arbitration or otherwise.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":49915,"edition_id":2,"name":"Road Impact Fees","identifier":"8","label":"article","depth":4,"order_by":10,"parent_id":49904,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 02:18:13","date_modified":"2026-08-02 12:29:38","permalink":{"id":1382535,"object_type":"structure","relational_id":49915,"identifier":"8","token":"15.2\/II\/22\/8","url":"\/15.2\/II\/22\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49904,"edition_id":2,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":15,"parent_id":49834,"metadata":{"child_laws":192,"child_structures":12},"date_created":"2026-08-02 02:17:49","date_modified":"2026-08-02 12:29:35","permalink":{"id":1381797,"object_type":"structure","relational_id":49904,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49834,"edition_id":2,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":49831,"metadata":{"child_laws":1081,"child_structures":112},"date_created":"2026-08-02 02:16:24","date_modified":"2026-08-02 12:29:25","permalink":{"id":1379371,"object_type":"structure","relational_id":49834,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49831,"edition_id":2,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":46,"parent_id":null,"metadata":{"child_laws":2297,"child_structures":225},"date_created":"2026-08-02 02:16:22","date_modified":"2026-08-02 12:29:22","permalink":{"id":1378281,"object_type":"structure","relational_id":49831,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":347958,"structure_id":49915,"section_number":"15.2-2317","catch_line":"Applicability of article","url":"\/15.2-2317\/","token":"15.2\/II\/22\/8\/15.2-2317","metadata":false},{"id":347959,"structure_id":49915,"section_number":"15.2-2318","catch_line":"Definitions","url":"\/15.2-2318\/","token":"15.2\/II\/22\/8\/15.2-2318","metadata":false},{"id":347960,"structure_id":49915,"section_number":"15.2-2319","catch_line":"Authority to assess and impose impact fees","url":"\/15.2-2319\/","token":"15.2\/II\/22\/8\/15.2-2319","metadata":false},{"id":347961,"structure_id":49915,"section_number":"15.2-2320","catch_line":"Impact fee service areas to be established","url":"\/15.2-2320\/","token":"15.2\/II\/22\/8\/15.2-2320","metadata":false},{"id":347962,"structure_id":49915,"section_number":"15.2-2321","catch_line":"Adoption of road improvements program","url":"\/15.2-2321\/","token":"15.2\/II\/22\/8\/15.2-2321","metadata":false},{"id":347963,"structure_id":49915,"section_number":"15.2-2322","catch_line":"Adoption of impact fee and schedule","url":"\/15.2-2322\/","token":"15.2\/II\/22\/8\/15.2-2322","metadata":false},{"id":347964,"structure_id":49915,"section_number":"15.2-2323","catch_line":"When impact fees assessed and imposed","url":"\/15.2-2323\/","token":"15.2\/II\/22\/8\/15.2-2323","metadata":false},{"id":347965,"structure_id":49915,"section_number":"15.2-2324","catch_line":"Credits against impact fee","url":"\/15.2-2324\/","token":"15.2\/II\/22\/8\/15.2-2324","metadata":false},{"id":347966,"structure_id":49915,"section_number":"15.2-2325","catch_line":"Updating plan and amending impact fee","url":"\/15.2-2325\/","token":"15.2\/II\/22\/8\/15.2-2325","metadata":false},{"id":347967,"structure_id":49915,"section_number":"15.2-2326","catch_line":"Use of proceeds","url":"\/15.2-2326\/","token":"15.2\/II\/22\/8\/15.2-2326","metadata":false},{"id":347968,"structure_id":49915,"section_number":"15.2-2327","catch_line":"Refund of impact fees","url":"\/15.2-2327\/","token":"15.2\/II\/22\/8\/15.2-2327","metadata":false}],"previous_section":{"id":347963,"structure_id":49915,"section_number":"15.2-2322","catch_line":"Adoption of impact fee and schedule","url":"\/15.2-2322\/","token":"15.2\/II\/22\/8\/15.2-2322","metadata":false},"next_section":{"id":347965,"structure_id":49915,"section_number":"15.2-2324","catch_line":"Credits against impact fee","url":"\/15.2-2324\/","token":"15.2\/II\/22\/8\/15.2-2324","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2323\/","history_text":"<p>This law was first created in 1989. The record of its establishment is cataloged in chapter 485 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 465; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0896\">896<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1382561,"object_type":"law","relational_id":347964,"identifier":"15.2-2323","token":"15.2\/II\/22\/8\/15.2-2323","url":"\/15.2-2323\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/15.2-2323\/","token":"15.2\/II\/22\/8\/15.2-2323","dublin_core":{"Title":"When impact fees assessed and imposed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2323","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The amount of <span class=\"dictionary\">impact fees<\/span> to be imposed on a specific <span class=\"dictionary\">development<\/span> or subdivision shall be determined before or at the time the <span class=\"dictionary\">site plan<\/span> or subdivision is approved. The <span class=\"dictionary\">ordinance<\/span> shall specify that the fee is to be collected at the time of the issuance of a building permit. The <span class=\"dictionary\">ordinance<\/span> shall provide that fees (i) may be paid in lump sum or (ii) be paid on installment at a reasonable rate of interest for a fixed number of years. The <span class=\"dictionary\">locality<\/span> by <span class=\"dictionary\">ordinance<\/span> may provide for negotiated agreements with the owner of the property as to the time and method of paying the <span class=\"dictionary\">impact fees<\/span>.<\/p><p>The maximum impact fee to be imposed shall be determined (i) by dividing projected <span class=\"dictionary\">road improvement<\/span> costs in the <span class=\"dictionary\">impact fee service area<\/span> when fully developed by the number of projected service units when fully developed, or (ii) for a reasonable period of time, but not less than ten years, by dividing the projected costs necessitated by <span class=\"dictionary\">development<\/span> in the next ten years by the service units projected to be created in the next ten years.<\/p><p>The <span class=\"dictionary\">ordinance<\/span> shall provide for <span class=\"dictionary\">appeals<\/span> from administrative determinations, regarding the <span class=\"dictionary\">impact fees<\/span> to be imposed, to the <span class=\"dictionary\">governing body<\/span> or such other body as designated in the <span class=\"dictionary\">ordinance<\/span>. The <span class=\"dictionary\">ordinance<\/span> may provide for the resolution of disputes over an impact fee by arbitration or otherwise.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHEN IMPACT FEES ASSESSED AND IMPOSED (\u00a7 15.2-2323)\n\nThe amount of impact fees to be imposed on a specific development or subdivision\nshall be determined before or at the time the site plan or subdivision is\napproved. The ordinance shall specify that the fee is to be collected at the\ntime of the issuance of a building permit. The ordinance shall provide that fees\n(i) may be paid in lump sum or (ii) be paid on installment at a reasonable rate\nof interest for a fixed number of years. The locality by ordinance may provide\nfor negotiated agreements with the owner of the property as to the time and\nmethod of paying the impact fees.\n\nThe maximum impact fee to be imposed shall be determined (i) by dividing\nprojected road improvement costs in the impact fee service area when fully\ndeveloped by the number of projected service units when fully developed, or (ii)\nfor a reasonable period of time, but not less than ten years, by dividing the\nprojected costs necessitated by development in the next ten years by the service\nunits projected to be created in the next ten years.\n\nThe ordinance shall provide for appeals from administrative determinations,\nregarding the impact fees to be imposed, to the governing body or such other\nbody as designated in the ordinance. The ordinance may provide for the\nresolution of disputes over an impact fee by arbitration or otherwise.\n\nHISTORY: 1989, c. 485, \u00a7 15.1-498.6; 1992, c. 465; 1997, c. 587; 2007, c. 896.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}