CHAPTER 192
An Act to amend and reenact § 15.2-2223.1 of the Code of
Virginia, relating to urban development areas.
[S 274]
Approved March 8, 2012
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 locality that has adopted
zoning pursuant to Article 7 (§ 15.2-2280
et seq.) of this chapter and that
(i) has a population of at least
20,000 and population growth of at least
five percent or (ii) has population growth
of 15 percent or more, shall, and
any Any locality may, amend its comprehensive plan to
incorporate one or more urban development areas.
1. The comprehensive plan of a
locality having a population of less than
130,000 persons shall provide for urban
Urban development areas that are areas that may be appropriate
for development at a density on the developable acreage of at least four
single-family residences, six townhouses, or 12 apartments, condominium units,
or cooperative units per acre, and an authorized floor area ratio of at least
0.4 per acre for commercial development, or any proportional combination
thereof, or any other combination or arrangement that is adopted by a
locality in meeting the intent of this section.
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. 2. The urban development areas designated by
a locality shall may 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 of either the Weldon Cooper Center for Public Service of
the University of Virginia, the Virginia Employment Commission, the United
States Bureau of the Census, or other official government projections required
for federal transportation planning purposes.
4. 3. The boundaries and size of each urban
development area shall be reexamined and, if necessary, revised every five
years in conjunction with the review of the comprehensive plan and in
accordance with the most recent available population growth estimates and
projections.
5. 4. 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.
6. 5. The comprehensive plan
Urban development areas, if designated, shall incorporate principles of
traditional neighborhood 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) mixed-use neighborhoods,
including mixed housing types, with affordable housing to meet the projected
family income distributions of future residential growth, (vi) reduction of
front and side yard building setbacks, and (vii) reduction of subdivision
street widths and turning radii at subdivision street intersections.
7. 6. The comprehensive plan shall describe any
financial and other incentives for development in the urban development areas.
8. 7. A portion of one or more urban development
areas shall may be designated as a receiving area for any
transfer of development rights program established by the locality.
C. No 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.
D. Any locality that would be
required to amend its plan pursuant to
subsection B that determines that its
plan accommodates growth in a manner consistent
with subsection B, upon adoption of a
resolution describing such 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 D. 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 E. Any county that amends its comprehensive
plan pursuant to subsection B may designate one or more urban development areas
in any incorporated town within such county, if the 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 F. To the extent possible, federal, state and
local transportation, housing, water and sewer facility, economic development,
and other public infrastructure funding for new and expanded facilities shall
be directed to the designated urban development area, or
in the case of a locality that
adopts a resolution pursuant to subsection
D, areas or to the area such similar areas
that accommodates accommodate 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.
|