10.1-1442 - Negotiations; siting agreement. - Virginia Statutes

§ 10.1-1442. Negotiations; siting agreement.

A. The governing body or its designated representatives and the applicant,after submission of notice of intent to file an application for certificationof site approval, may meet to discuss any matters pertaining to the site andthe facility, including negotiations of a siting agreement. The time andplace of any meeting shall be set by agreement, but at least forty-eighthours' notice shall be given to members of the governing body and theapplicant.

B. The siting agreement may include any terms and conditions, includingmitigation of adverse impacts and financial compensation to the hostcommunity, concerning the facility.

C. The siting agreement shall be executed by the signatures of (i) the chiefexecutive officer of the host community, who has been so directed by amajority vote of the local governing body, and (ii) the applicant orauthorized agent.

D. The Board shall assist in facilitating negotiations between the localgoverning body and the applicant.

E. No injunction, stay, prohibition, mandamus or other order or writ shalllie against the conduct of negotiations or discussions concerning a sitingagreement or against the agreement itself, except as they may be conducted inviolation of the provisions of this chapter or any other state or federal law.

(1986, c. 492, § 10-298; 1988, c. 891.)