15.2-2222.1 - Coordination of state and local transportation planning.
§ 15.2-2222.1. Coordination of state and local transportation planning.
A. Prior to adoption of any comprehensive plan pursuant to § 15.2-2223, anypart of a comprehensive plan pursuant to § 15.2-2228, or any amendment to anycomprehensive plan as described in § 15.2-2229, the locality shall submitsuch plan or amendment to the Department of Transportation for review andcomment if the plan or amendment will substantially affect transportation onstate controlled highways as defined by regulations promulgated by theDepartment. The Department's comments on the proposed plan or amendment shallrelate to plans and capacities for construction of transportation facilitiesaffected by the proposal. Within 30 days of receipt of such proposed plan oramendment, the Department may request, and the locality shall agree to, ameeting between the Department and the local planning commission or otheragent to discuss the plan or amendment, which discussions shall continue aslong as the participants may deem them useful. The Department shall makewritten comments within 90 days after receipt of the plan or amendment, or bysuch 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 rezoningunder § 15.2-2286, 15.2-2297, 15.2-2298, or 15.2-2303, the locality shallsubmit the proposal to the Department of Transportation within 10 businessdays of receipt thereof if the proposal will substantially affecttransportation on state-controlled highways. Such application shall include atraffic impact statement if required by local ordinance or pursuant toregulations promulgated by the Department. Within 45 days of its receipt ofsuch traffic impact statement, the Department shall either (i) providewritten comment on the proposed rezoning to the locality, or (ii) schedule ameeting, to be held within 60 days of its receipt of the proposal, with thelocal planning commission or other agent and the rezoning applicant todiscuss potential modifications to the proposal to address any concerns ordeficiencies. The Department's comments on the proposed rezoning shall bebased upon the comprehensive plan, regulations and guidelines of theDepartment, engineering and design considerations, any adopted regional orstatewide plans and short and long term traffic impacts on and off site. TheDepartment shall complete its initial review of the rezoning proposal within45 days, and its final review within 120 days, after it receives the rezoningproposal from the locality.
C. When a locality receives a subdivision plat pursuant to § 15.2-2258 or15.2-2260, or a site plan or plan of development pursuant to subdivision A 8of § 15.2-2286, the locality shall submit such plat or plan to the Departmentof Transportation in accordance with § 15.2-2260 within 10 business days ifthe plat or plan substantially affects transportation on state-controlledhighways as defined by regulations promulgated by the Department. Such plator plan shall include supplemental traffic analysis if required by localordinance or resolution or pursuant to regulations promulgated by theDepartment. Within 30 days of its receipt of such plat or plan, theDepartment 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'sreceipt of the plat or plan, with members of the local planning commission orother agent of the locality to discuss potential modifications to the plat orplan to address any concerns or deficiencies. The Department's comments onthe plat or plan shall be based upon the comprehensive plan, regulations orguidelines of the Department, engineering and design considerations, anyadopted statewide or regional plans and short and long term traffic impactson and off site. The Department shall complete its final review within 90days after it receives such plat or plan from the locality. The submission ofthe application to the Department shall toll all times for local review setout in this chapter until the locality has received the Department's finalcomments.
D. If a locality has not received written comments within the timeframesspecified in subsections B or C, the locality may assume that the Departmenthas no comments.
E. The review requirements set forth in this section shall be supplementalto, and shall not affect, any requirement for review by the Department ofTransportation or the locality under any other provision of law. Nothing inthis section shall be deemed to prohibit any additional consultationsconcerning land development or transportation facilities that may occurbetween the Department and localities as a result of existing or futureadministrative practice or procedure, or by mutual agreement.
F. The Department shall impose fees and charges for the review ofapplications, plans and plats pursuant to paragraphs A, B, and C, and suchfees and charges shall not exceed $1,000 for each review. However, no feeshall be charged to a locality or other public agency. Furthermore, no feeshall be charged by the Department to a citizens' organization orneighborhood association that proposes comprehensive plan amendments throughits local planning commission or local governing body.
G. Until July 1, 2008, the Department shall not be subject to therequirements of the Administrative Process Act (§ 2.2-4000 et seq.) inpromulgating regulations pursuant to this section, and the CommonwealthTransportation Commissioner may phase the implementation of regulationspromulgated pursuant to this section as he may deem appropriate.
(2006, cc. 527, 563; 2007, c. 792; 2010, c. 121.)