CHAPTER 528
An Act to amend and reenact §15.2-2223.1 of the Code of
Virginia, relating to urban development areas.
[H 1071]
Approved April 11, 2010
Be it enacted by the General Assembly of Virginia:
1. That §15.2-2223.1 of the Code of Virginia is amended and
reenacted as follows:
§15.2-2223.1. Comprehensive plan to include urban development
areas.
A. For purposes of this section:
"Commercial" means property devoted to usual and customary business
purposes for the sale of goods and services and includes, but is not limited
to, retail operations, hotels, motels and offices. "Commercial" does not
include residential dwelling units, including apartments and condominiums, or
agricultural or forestal production, or manufacturing, processing, assembling,
storing, warehousing, or distributing.
"Commission" means the Commission on Local Government.
"Developable acreage," solely for the purposes of
calculating density within the urban development area, means land that is not
included in (i) existing parks, rights-of-way of arterial and collector
streets, railways, and public utilities and (ii) other existing public lands
and facilities.
"Population growth" means the difference in
population from the next-to-latest to the latest decennial census year, based
on population reported by the United States Bureau of the Census. In computing
its population growth, a locality may exclude the inmate population of any new
or expanded correctional facility that opened within the time period between
the two censuses.
"Urban development area" means an area designated
by a locality that is (i) appropriate for higher density development due to its
proximity to transportation facilities, the availability of a public or
community water and sewer system, or a developed area and (ii) to the extent
feasible, to be used for redevelopment or infill development.
B. Every county, city, or town locality
that has adopted zoning pursuant to Article 7 (§15.2-2280 et seq.) of Chapter
22 of Title 15.2 this chapter and that (i) has a population of at
least 20,000 and population growth of at least 5% five percent or
(ii) has population growth of 15% 15 percent or more, shall, and
any county, city or town locality may, amend its comprehensive
plan to incorporate one or more urban development areas. For purposes of
this section, population growth shall be the difference in population from the
next-to-latest to the latest decennial census year, based on population
reported by the United States Bureau of the Census. For purposes of this
section, an urban development area is an area designated by a locality that is
appropriate for higher density development due to proximity to transportation
facilities, the availability of a public or community water and sewer system,
or proximity to a city, town, or other developed area.
1. The comprehensive plan of a locality having a
population of less than 130,000 persons shall provide for commercial and
residential densities within urban development areas that are appropriate
for reasonably compact development at a density on the developable
acreage of at least four residential single-family residences,
six townhouses, or 12 apartments, condominium units, or cooperative units
per gross acre, and a minimum an authorized floor
area ratio of at least 0.4 per gross acre for commercial
development, or any proportional combination thereof.
The urban development areas may provide for a mix of
residential housing types, including affordable housing, to meet the projected
family income distributions of future residential growth.
2. The comprehensive plan of a locality having a
population of 130,000 or more persons shall provide for urban development areas
that are appropriate for development at a density on the developable acreage of
at least eight single-family residences, 12 townhouses, or 24 apartments,
condominium units, or cooperative units per acre, and an authorized floor area
ratio of at least 0.8 per acre for commercial development, or any proportional
combination thereof.
3. The comprehensive plan shall designate one or
more urban development areas designated by a locality shall be
sufficient to meet projected residential and commercial growth in the locality
for an ensuing period of at least 10 but not more than 20 years, which may
include phasing of development within the urban development areas. Where an
urban development area in a county with the urban county executive form of
government includes planned or existing rail transit, the planning horizon may
be for an ensuing period of at least 10 but not more than 40 years. Future
residential and commercial growth shall be based on official estimates
and projections of the Weldon Cooper Center for Public Service of the
University of Virginia or other official government sources
projections of the Virginia Employment Commission or the United States Bureau
of the Census.
4. The boundaries and size of each urban development
area shall be reexamined and, if necessary, revised every five years in
conjunction with the update review of the comprehensive plan and
in accordance with the most recent available population growth estimates and
projections. Such districts may be areas designated for redevelopment or
infill development.
5. The boundaries of each urban development area shall be
identified in the locality's comprehensive plan and shall be shown on future
land use maps contained in such comprehensive plan.
B 6. The comprehensive plan shall further
incorporate principles of new urbanism and traditional neighborhood
development design in the urban development area, which may include
but need not be limited to (i) pedestrian-friendly road design, (ii)
interconnection of new local streets with existing local streets and roads,
(iii) connectivity of road and pedestrian networks, (iv) preservation of
natural areas, (v) satisfaction of requirements for stormwater management,
(vi) mixed-use neighborhoods, including mixed housing types, (vii)
with affordable housing to meet the projected family income distributions of future
residential growth, (vi) reduction of front and side yard building
setbacks, and (viii) (vii) reduction of subdivision street widths
and turning radii at subdivision street intersections.
C 7. The comprehensive plan shall describe any
financial and other incentives for development in the urban development areas.
8. A portion of one or more urban development areas shall
be designated as a receiving area for any transfer of development rights
program established by the locality.
D C. No county, city, or town locality
that has amended its comprehensive plan in accordance with this section shall
limit or prohibit development pursuant to existing zoning or shall refuse to
consider any application for rezoning based solely on the fact that the
property is located outside the urban development area.
E D. Any county, city, or town
locality that would be required to amend its plan pursuant to this
section subsection B that determines that its plan accommodates
growth in a manner consistent with this section subsection B,
upon adoption of a resolution certifying describing such
compliance accommodation and describing any financial and other
incentives for development in the areas that accommodate such growth, shall
not be required to further amend its plan pursuant to subsection B.
Any locality that has adopted a resolution certifying compliance with
subsection B prior to February 1, 2010, shall not be required to comply with
this subsection until review of the locality's comprehensive plan as provided
for in provision 4 of subsection B.
E. Localities shall consult with adjacent localities, as
well as the relevant planning district commission and metropolitan planning
organization, in establishing the appropriate size and location of urban
development areas to promote orderly and efficient development of their region.
F. Any county that amends its comprehensive plan pursuant to
this section subsection B may designate one or more urban
development areas in any incorporated town within such county, if the governing
body council of the town has also amended its comprehensive plan to
designate the same areas as urban development areas with at least the same
density designated by the county. However, if a town has established an
urban development area within its corporate boundaries, the county within which
the town is located shall not include the town's projected population and
commercial growth when initially determining or reexamining the size and
boundary of any other urban development area within the county.
G. To the extent possible, federal, state and local
transportation, housing, and water and sewer facility, economic
development, and other public infrastructure funding for new and
expanded facilities shall be directed to the urban development area, or
in the case of a locality that adopts a resolution pursuant to subsection D, to
the area that accommodates growth in a manner consistent with this section.
H. Documents describing all urban development area designations,
as well as any resolution adopted pursuant to subsection D, together with
associated written policies, zoning provisions and other ordinances, and the
capital improvement program shall be forwarded, electronically or by other
means, to the Commission within 90 days of the adoption or amendment of
comprehensive plans and other written policies, zoning provisions and other
ordinances. The Commission shall annually report to the Governor and General
Assembly the overall compliance with this section including densities achieved
within each urban development area. Before preparing the initial report, the
Commission shall develop an appropriate format in concert with the relevant
planning district commission. Other than the documents, policies, zoning
provisions and other ordinances, resolutions, and the capital improvement
program forwarded by the locality, the Commission shall not impose an
additional administrative burden on localities in preparing the annual report
required by this subsection.
I. Any locality that becomes subject to provision 2 of
subsection B shall have until July 1, 2012, to amend its comprehensive plan in
accordance with this section.
J. Any locality that becomes subject to this section due to
population growth shall have two years following the report of the United
States Bureau of the Census made pursuant to P.L. 94-171 to amend its
comprehensive plan in accordance with this section.
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