Bill Text: VA SB1206 | 2011 | Regular Session | Chaptered
Bill Title: Traffic impact analysis; removes certain requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-03-26 - Governor: Acts of Assembly Chapter text (CHAP0647) [SB1206 Detail]
Download: Virginia-2011-SB1206-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That § 15.2-2222.1 of the Code of Virginia is amended and reenacted as follows: § 15.2-2222.1. Coordination of state and local transportation planning. A. Prior to adoption of any comprehensive plan pursuant to § 15.2-2223, any part of a comprehensive plan pursuant to § 15.2-2228, or any amendment to any comprehensive plan as described in § 15.2-2229, the locality shall submit such plan or amendment to the Department of Transportation for review and comment if the plan or amendment will substantially affect transportation on state controlled highways as defined by regulations promulgated by the Department. The Department's comments on the proposed plan or amendment shall relate to plans and capacities for construction of transportation facilities affected by the proposal. Within 30 days of receipt of such proposed plan or amendment, the Department may request, and the locality shall agree to, a meeting between the Department and the local planning commission or other agent to discuss the plan or amendment, which discussions shall continue as long as the participants may deem them useful. The Department shall make written comments within 90 days after receipt of the plan or amendment, or by such later deadline as may be agreed to by the parties in the discussions. B. Upon submission to, or initiation by, a locality of a proposed rezoning under § 15.2-2286, 15.2-2297, 15.2-2298, or 15.2-2303, the locality shall submit the proposal to the Department of Transportation within 10 business days of receipt thereof if the proposal will substantially affect transportation on state-controlled highways. Such application shall include a traffic impact statement if required by local ordinance or pursuant to regulations promulgated by the Department. Within 45 days of its receipt of such traffic impact statement, the Department shall either (i) provide written comment on the proposed rezoning to the locality, or (ii) schedule a meeting, to be held within 60 days of its receipt of the proposal, with the local planning commission or other agent and the rezoning applicant to discuss potential modifications to the proposal to address any concerns or deficiencies. The Department's comments on the proposed rezoning shall be based upon the comprehensive plan, regulations and guidelines of the Department, engineering and design considerations, any adopted regional or statewide plans and short and long term traffic impacts on and off site. The Department shall complete its initial review of the rezoning proposal within 45 days, and its final review within 120 days, after it receives the rezoning proposal from the locality.
2. That the Department of Transportation shall revise its regulations promulgated pursuant to § 15.2-2222.1 of the Code of Virginia to eliminate the requirement for submission of subdivision plats, site plans or plans of development to the Department as provided in subsection C of § 15.2-2222.1 which is repealed by this act. 3. That the revision of regulations required by the second enactment of this act shall be effective no later than December 31, 2011, and that the Department of Transportation shall not be subject to the requirements of the Administrative Process Act (§ 2.2-4000 et seq.) in revising its regulations as required by this act. |