2006 Code of Virginia § 15.2-2321 - Adoption of road improvements program

15.2-2321. Adoption of road improvements program.

Prior to adopting a system of impact fees, the locality shall conduct anassessment of road improvement needs within an impact fee service area and inthe locality and shall adopt a road improvements plan for the area showingthe new roads proposed to be constructed and the existing roads to beimproved or expanded and the schedule for undertaking such construction,improvement or expansion. The road improvements plan shall be adopted as anamendment to the required comprehensive plan and shall be incorporated intothe capital improvements program or, in the case of the counties whereapplicable, the six-year plan for secondary road construction pursuant to 33.1-70.01.

The locality shall adopt the road improvements plan after holding a dulyadvertised public hearing. The public hearing notice shall identify theimpact fee service area or areas to be designated, and shall include asummary of the needs assessment and the assumptions upon which the assessmentis based, the proposed amount of the impact fee, and information as to how acopy of the complete study may be examined. A copy of the complete studyshall be available for public inspection and copying at reasonable timesprior to the public hearing.

The locality at a minimum shall include the following items in assessing roadimprovement needs and preparing a road improvements plan:

1. An analysis of the existing capacity, current usage and existingcommitments to future usage of existing roads, as indicated by (i) currentvalid building permits outstanding, (ii) approved conditional rezonings,special exceptions, and special use permits, and (iii) approved site plansand subdivision plats. If the current usage and commitments exceed theexisting capacity of the roads, the locality also shall determine the costsof improving the roads to meet the demand. The analysis shall include a planto fund the current usages and commitments that exceed the existing capacityof the roads.

2. The projected need for and costs of construction of new roads orimprovement or expansion of existing roads attributable in whole or in partto projected new development. Road improvement needs shall be projected forthe impact fee service area when fully developed in accord with thecomprehensive plan and, if full development is projected to occur more thanten years in the future, at the end of a ten-year period. The assumptionswith regard to land uses, densities, intensities, and population upon whichroad improvement projections are based shall be presented.

3. The total number of new service units projected for the impact fee servicearea when fully developed and, if full development is projected to occur morethan ten years in the future, at the end of a ten-year period. A "serviceunit" is a standardized measure of traffic use or generation. The localityshall develop a table or method for attributing service units to varioustypes of development and land use, including but not limited to residential,commercial and industrial uses. The table shall be based upon the ITE manual(published by the Institute of Transportation Engineers) or locally conductedtrip generation studies.

(1989, c. 485, 15.1-498.4; 1992, c. 465; 1997, c. 587.)