Virginia Law

A. Plan and amendment submittal. Prior to adoption of any comprehensive plan pursuant to § 15.2-2223 of the Code of Virginia, any part of a comprehensive plan pursuant to § 15.2-2228 of the Code of Virginia, or any amendment to any comprehensive plan as described in § 15.2-2229 of the Code of Virginia, including small area plans, if required by this section of this chapter, the locality shall submit such plan or amendment to VDOT for review and comment, such submission should take place at least 100 days prior to anticipated final action by the locality. The Virginia Department of Transportation shall, upon request, provide localities with technical assistance in preparing the transportation plan of the comprehensive plan. The comprehensive plan or comprehensive plan amendment package shall be submitted to VDOT, if it is reasonably anticipated to substantially affect transportation on state controlled highways. Substantially affect, for the purposes of comprehensive plans, includes substantial changes or impacts to the existing transportation network. For the purposes of this section, a substantial impact shall be defined as a change that would allow the generation of 5,000 additional vehicle trips per day on state-controlled highways compared to the existing comprehensive plan, assuming the highest density of permissible use in accordance with the Institute of Transportation Engineers Trip Generation, 8th Edition, 2008 or, subject to the approval of VDOT, the regional model as adopted by the local Metropolitan Planning Organization, and substantial change shall include those changes that materially alter future transportation infrastructure, travel patterns, or the ability to improve future transportation facilities on state-controlled highways.

B. Required elements. The submission by the locality to VDOT shall contain sufficient information so that VDOT may evaluate the system of new and expanded transportation facilities, outlined in the transportation plan, that are needed to support the current and planned development of the territory covered by the plan. In order to conduct this evaluation, the package submitted to VDOT shall contain the following items:

1. For a comprehensive plan or a transportation plan, the locality shall provide one paper and one electronic copy of the following:

a. A cover sheet, containing:

(1) Contact information for the locality, and

(2) Summary of major changes made to the comprehensive plan or transportation plan;

b. The proposed comprehensive plan or transportation plan, and the following elements:

(1) Inventory – an inventory (written or graphic) of the existing transportation network, which shall include at a minimum all roadways within the Federal Aid system.

(2) Assumptions – planning assumptions shall be detailed, since these assumptions directly influence the demand placed on the transportation system. Population growth, employment growth, location of critical infrastructure such as water and sewer facilities, among others, are examples of planning assumptions that may be addressed.

(3) Needs assessment – written or graphic evaluation of the transportation system's current and projected performance and conditions. The needs assessment identifies specific deficiencies.

(4) Recommendations – proposed improvements or additions to the transportation infrastructure. Recommendations should be specific so that the need, location and nature of the proposed improvements are clear and understandable. Localities are encouraged to include pedestrian, bicycle, transit, rail and other multimodal recommendations as they deem appropriate. The transportation plan shall include a map showing road and transportation improvements, taking into account the current and future needs of residents in the locality while considering the current and future needs of the planning district within which the locality is situated. Recommended improvements shall include cost estimates as available from VDOT.

2. For an amendment to a comprehensive plan or transportation plan, the locality shall provide one paper and one electronic copy of the following:

a. A cover sheet, containing:

(1) Contact information for the locality;

(2) Summary of proposed amendment or amendments to the comprehensive plan or transportation plan; and

(3) Overview of reasoning and purpose for amendments.

b. Application forms and documentation presented to or prepared by the local jurisdiction,

c. Associated maps or narratives that depict and detail the amendment under consideration,

d. Any changes to the planning assumptions associated with the amendment,

e. Local assessment of the potential impacts the amendment may have on the transportation system, and

f. Those elements identified in subdivision 1 b of this subsection that VDOT determines are needed in order to review and comment on impacts to state-controlled highways.

C. Small area plans for urban development areas and transit oriented developments. A locality that develops a small area plan for all or a portion of an urban development area or transit-oriented development and corresponding amendments to their comprehensive plan, as described in § 15.2-2229 of the Code of Virginia, that will have a substantial effect on the state transportation network pursuant to this section of the regulation, may in lieu of submitting a comprehensive plan amendment package as required under subsection B of this section submit a small area plan package.

The small area plan package submitted by the locality to VDOT shall contain sufficient information and data so that VDOT may determine the location of the area impacted by the small area plan, its size, its impact on state-controlled highways, and the methodology and assumptions used in the analysis of the impact. Submittal of an incomplete small area plan package shall be considered deficient in meeting the submission requirements of § 15.2-2222.1 of the Code of Virginia and shall be returned to the locality and the applicant, if applicable, identifying the deficiencies noted. A small area plan package submitted to VDOT shall contain the following items:

1. A cover sheet containing:

a. Contact information for locality;

b. Small area plan location, highways and transit facilities adjacent to site, and parcel number or numbers;

c. Proposal summary with development names, size, and proposed zoning;

2. A VDOT traffic impact statement prepared in accordance with 24VAC30-155-60; and

3. A plan of development for the area encompassed by the small area plan.

D. Review process. VDOT may pursuant to § 15.2-2222.1 of the Code of Virginia request a meeting with the locality to discuss the plan or amendment. The request must be made within 30 days of receipt of the proposal. VDOT must provide written comments to the locality within 90 days of the receipt of the plan or plan amendment or by such later deadline as may be agreed to by the parties. VDOT will conduct its review and provide official comments to the locality for inclusion in the official public record of the locality. VDOT shall also make such comments available to the public. Nothing in this section shall prohibit a locality from acting on a comprehensive plan or plan amendment if VDOT's comments on the submission have not been received within the timelines in this section.

E. Concurrent consideration. For the purposes of this regulation, when a related comprehensive plan or comprehensive plan amendment and a rezoning proposal that cover the same geographical area are being considered concurrently by a locality, only a rezoning package as required under 24VAC30-155-40 shall be prepared and provided to VDOT for review.