33.1-70.3 - Requirements for taking new streets into state secondary highway system.
§ 33.1-70.3. Requirements for taking new streets into state secondary highwaysystem.
A. The local governing body of any county that has not withdrawn from thestate secondary highway system or any town within which the VirginiaDepartment of Transportation maintains the streets, may, by resolution,request the Commonwealth Transportation Board to take any new street into thesecondary system of state highways for maintenance if such street has beendeveloped and constructed in accordance with the Board's secondary streetacceptance requirements. Only those streets constructed in compliance withthe secondary street acceptance requirements shall be taken into the statesecondary highway system for maintenance. The Board shall promulgateregulations establishing such secondary street acceptance requirements. Thesecondary street acceptance requirements established pursuant to this sectionshall include such provisions as the Board deems necessary or appropriate toachieve the safe and efficient operation of the Commonwealth's transportationnetwork.
B. In addition to such other provisions deemed necessary or appropriate bythe Board, the regulations shall include, but not be limited to (i)requirements to ensure the connectivity of road and pedestrian networks withthe existing and future transportation network; (ii) provisions to minimizestormwater runoff and impervious surface area, and (iii) provisions forperformance bonding of new secondary streets and associated cost recoveryfees.
C. No initial regulation establishing secondary street acceptancerequirements pursuant to this section shall apply to subdivision plats andsubdivision construction plans that have been submitted and accepted forreview by the Virginia Department of Transportation on or before theeffective date of such initial regulations. No locality shall be obligated toapprove any subdivision plat or subdivision construction plans that areinconsistent with these regulations.
D. Furthermore, nothing in this section or in any regulation, policy, orpractice adopted pursuant to this section shall prevent the acceptance of anystreet or segment of a street within a network addition that meets one ormore of the public service requirements addressed in the regulations providedthat the network addition satisfies all other requirements adopted pursuantto this section. In cases where a majority of the lots along the street orstreet segment remain undeveloped and construction traffic is expected toutilize that street or street segment after acceptance, the bondingrequirement for such street or street segment may be required by theDepartment to be extended for up to one year beyond that required in thesecondary street acceptance requirements.
(2007, c. 382; 2010, c. 401.)