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In 2006, the General Assembly approved legislation (Senate
Bill 699, Chapter 527 of the 2006 Acts of Assembly) to
enhance the coordination of land use and transportation
planning. §15.2-2222.1 was added to the Code of Virginia to
expand VDOT’s role in the land planning and development
review process. This legislation does not affect local
government authority to adopt plans and make decisions on
proposed land use. Rather, the legislation instructs VDOT
to analyze and provide comments on land development
applications
that will substantially affect transportation on state
controlled highways. VDOT’s findings are advisory in
nature.
Chapter 155, 24 VAC 30-155 “Traffic Impact Analysis
Regulation” establishes the rules, procedures and deadlines
for VDOT’s review. VDOT will be requiring traffic impact
analysis for several types of land development applications.
Rezonings, Special Exceptions, Special Permits, Preliminary
Subdivision Plats and Site Plans
Rezoning proposals, Subdivision Plats and Site Plans that
will substantially affect traffic on state-controlled
highways require submittal of the application and a Traffic
Impact Analysis to VDOT. (Applications for Special
Exceptions and Special Permits are land development
proposals that are considered Zoning proposals under the
VDOT regulations.) A substantial impact has been defined by
VDOT as a change that would allow a generation of 100
vehicles per peak hour or more for residential uses, or 250
vehicles per peak hour or more (or 2,500 vehicles per day)
for other land uses. Examples of typical developments that
would meet this threshold are included in Appendix 4. In
addition, 200 residential vehicles per day will trigger a
TIA if this more than doubles current traffic volumes. This
second scenario is most likely to be triggered in rural
areas.
The proposed changes to County Ordinances codify the VDOT
requirements. The amendments also allow the County to
require a TIA due to safety issues. The Code of Virginia
(§15.2-2222.1) specifically allows local authorities to set
their own TIA requirements. The VDOT Traffic Impact
Analysis Regulation Administrative Guidelines note that VDOT
will continue to assist local authorities, at their request,
to help evaluate applications not specifically required by
the State Code.
The proposed changes to County Ordinances also require a TIA
scoping meeting between the applicant, county staff and
VDOT. This is already common practice and has proven to be
very valuable for all participants. VDOT regulations only
mandate these scoping meetings for applications with over
1,000 vehicles per hour.
Comprehensive Plans and Comprehensive Plan Amendments
Comprehensive Plans and Comprehensive Plan Amendments that
have a substantial impact on state highways or a substantial
change to transportation infrastructure require submittal of
the application and comprehensive plan package of general
transportation information to VDOT. A substantial impact
has been defined by VDOT as a change that would allow a
generation of 5,000 additional vehicle trips per day. A
substantial change could, for example, include designation
of a new thoroughfare. The comprehensive plan package is
not the same as the detailed TIA associated with other
development proposals. When a related rezoning proposal is
being considered concurrently with a Comprehensive Plan
amendment, then only the rezoning TIA is required.
The proposed changes to County Ordinances codify the VDOT
requirements and also add a requirement that basic
transportation information be provided with all
Comprehensive Plan and Comprehensive Plan Amendment
applications that do not trigger a VDOT review.
Timeline
VDOT is staging its requirements in the Culpeper District in
two steps. As of January 1, 2008, VDOT is requiring
comprehensive plan packages for all Comprehensive Plan and
Comprehensive Plan Amendment applications that meet its
threshold. VDOT is only requiring TIAs for Rezonings,
Special Exceptions, Special Permits, Subdivision Plats and
Site Plans for sites generating 500 vehicles per peak hour
or more. The requirement for other Rezonings, Special
Exceptions, Special Permits, Subdivision Plats and Site
Plans that meet the thresholds of Chapter 155, 24 VAC 30-155
comes into effect in the Culpeper District on July 1, 2008.
The proposed changes to County ordinances would come into
effect upon adoption. Thus, in some cases, the County
requirements could come into effect a few months sooner than
the VDOT requirements.
Planning Commission
The Planning Commission initiated these text amendments on
January 31, 2008 and held a public hearing and unanimously
recommended approval of the amendments on February 28, 2008.
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