10.1-1438 - Powers of governing body of host community; technical assistance. - Virginia Statutes

§ 10.1-1438. Powers of governing body of host community; technical assistance.

A. The governing body of a host community shall have the power to:

1. Hire and pay consultants and other experts on behalf of the host communityin matters pertaining to the siting of the facility;

2. Receive and disburse moneys from the fund, and any other moneys as may beavailable; and

3. Enter into a contract, which may be assignable at the parties' option,binding upon the governing body of the host community and enforceable againstit and future governing bodies of the host community in any court ofcompetent jurisdiction, with an applicant by signing a siting agreementpursuant to § 10.1-1442.

B. The Board shall make available to the governing body from the fund areasonable sum of money to be determined by the Board. This shall be used bythe governing body to hire consultants to provide it with technicalassistance and information necessary to aid the governing body in its reviewof the siting proposal, negotiations with the applicant and the developmentof a siting agreement.

Unused moneys from the fund shall be returned to the Board. The governingbody shall provide the Board with a certified accounting statement of anymoneys expended from the fund.

C. The governing body of the host community may appoint a local advisorycommittee to facilitate communication and the exchange of information amongthe local government, the community, the applicant and the Board.

D. Notwithstanding the foregoing provisions of this article, the governingbody of a host community may notify the Board, within fifteen days after thebriefing meeting pursuant to § 10.1-1439, that it has elected to waivefurther participation under the provisions of this article. After receivingnotification from the host community, the Board may issue certification ofsite approval without further participation by the host community under theprovisions of this section and § 10.1-1442. Nothing shall prevent a hostcommunity from submitting comments on the application or participating in anypublic hearing or meeting held pursuant to this chapter, nor shall the hostcommunity be precluded from enforcing its regulations and ordinances asprovided by subsection G of § 10.1-1446.

(1986, c. 492, § 10-294; 1988, c. 891.)