11104638D
SENATE BILL NO. 1206
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Local Government
on January 25, 2011)
(Patron Prior to Substitute--Senator Obenshain)
A BILL to amend and reenact § 15.2-2222.1 of the Code of
Virginia, relating to traffic impact analysis for by right development.
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.
C. When a locality receives a subdivision plat pursuant to
§ 15.2-2258 or 15.2-2260, or a site plan or plan of development pursuant to
subdivision A 8 of § 15.2-2286, the locality shall submit such plat or plan to
the Department of Transportation in accordance with § 15.2-2260 within 10
business days if the plat or plan substantially affects transportation on
state-controlled highways as defined by regulations promulgated by the
Department. Such plat or plan shall include supplemental traffic analysis if
required by local ordinance or resolution or pursuant to regulations
promulgated by the Department. Within 30 days of its receipt of such plat or
plan, the Department shall either (i) provide written comment on the plat or
plan, or (ii) schedule a meeting, to be held within 60 days of the Department's
receipt of the plat or plan, with members of the local planning commission or
other agent of the locality to discuss potential modifications to the plat or
plan to address any concerns or deficiencies. The Department's comments on the
plat or plan shall be based upon the comprehensive plan, regulations or
guidelines of the Department, engineering and design considerations, any
adopted statewide or regional plans and short and long term traffic impacts on
and off site. The Department shall complete its final review within 90 days
after it receives such plat or plan from the locality. The submission of the
application to the Department shall toll all times for local review set out in
this chapter until the locality has received the Department's final comments.
DC. If a locality has not received written
comments within the timeframes specified in subsections subsection B
or C, the locality may assume that the Department has no comments.
ED. The review requirements set forth in this
section shall be supplemental to, and shall not affect, any requirement for
review by the Department of Transportation or the locality under any other
provision of law. Nothing in this section shall be deemed to prohibit any
additional consultations concerning land development or transportation
facilities that may occur between the Department and localities as a result of
existing or future administrative practice or procedure, or by mutual
agreement.
FE. The Department shall impose fees and charges
for the review of applications, plans and plats pursuant to paragraphs subsections
A, and B, and C, and such fees and charges shall not
exceed $1,000 for each review. However, no fee shall be charged to a locality
or other public agency. Furthermore, no fee shall be charged by the Department
to a citizens' organization or neighborhood association that proposes
comprehensive plan amendments through its local planning commission or local
governing body.
G. Until July 1, 2008, the Department shall not be subject
to the requirements of the Administrative Process Act (§ 2.2-4000 et seq.) in
promulgating regulations pursuant to this section, and the Commonwealth
Transportation Commissioner may phase the implementation of regulations
promulgated pursuant to this section as he may deem appropriate.
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.
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