{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2321.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2321.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2321.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2321.html"}],"law_id":57655,"edition_id":1,"section_id":57655,"structure_id":15133,"section_number":"15.2-2321","catch_line":"Adoption of road improvements program","history":"1989, c. 485, \u00a7 15.1-498.4; 1992, c. 465; 1997, c. 587; 2007, c. 896; 2024, cc. 225, 242.","full_text":"Prior to adopting a system of impact fees, the locality shall conduct an assessment of road improvement needs benefiting an impact fee service area and shall adopt a road improvements plan for the area showing the new roads proposed to be constructed and the existing roads to be improved or expanded and the schedule for undertaking such construction, improvement or expansion. The road improvements plan shall be adopted as an amendment to the required comprehensive plan and shall be incorporated into the capital improvements program or, in the case of the counties where applicable, the six-year plan for secondary highway construction pursuant to \u00a7 33.2-331.\n\t\tThe locality shall adopt the road improvements plan after holding a duly advertised public hearing in accordance with \u00a7 15.2-2204.\n\t\tThe locality at a minimum shall include the following items in assessing road improvement needs and preparing a road improvements plan:\n\n1\n\nAn analysis of the existing capacity, current usage and existing commitments to future usage of existing roads, as indicated by (i) current and projected service levels, (ii) current valid building permits outstanding, and (iii) approved and pending site plans and subdivision plats. If the current usage and commitments exceed the existing capacity of the roads, the locality also shall determine the costs of improving the roads to meet the demand. The analysis shall include any off-site road improvements or cash payments for road improvements accepted by the locality and shall include a plan to fund the current usages and commitments that exceed the existing capacity of the roads.2\n\nThe projected need for and costs of construction of new roads or improvement or expansion of existing roads attributable in whole or in part to projected new development. Road improvement needs shall be projected for the impact fee service area when fully developed in accord with the comprehensive plan and, if full development is projected to occur more than 20 years in the future, at the end of a 20-year period. The assumptions with regard to land uses, densities, intensities, and population upon which road improvement projections are based shall be presented.3\n\nThe total number of new service units projected for the impact fee service area when fully developed and, if full development is projected to occur more than 20 years in the future, at the end of a 20-year period. A &#8220;service unit&#8221; is a standardized measure of traffic use or generation. The locality shall develop a table or method for attributing service units to various types 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 conducted trip generation studies, and consistent with the traffic analysis standards adopted pursuant to &#xA7; 15.2-2222.1.","order_by":null,"text":{"0":{"id":211221,"text":"Prior to adopting a system of impact fees, the locality shall conduct an assessment of road improvement needs benefiting an impact fee service area and shall adopt a road improvements plan for the area showing the new roads proposed to be constructed and the existing roads to be improved or expanded and the schedule for undertaking such construction, improvement or expansion. The road improvements plan shall be adopted as an amendment to the required comprehensive plan and shall be incorporated into the capital improvements program or, in the case of the counties where applicable, the six-year plan for secondary highway construction pursuant to \u00a7 33.2-331.\n\t\tThe locality shall adopt the road improvements plan after holding a duly advertised public hearing in accordance with \u00a7 15.2-2204.\n\t\tThe locality at a minimum shall include the following items in assessing road improvement needs and preparing a road improvements plan:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":211222,"text":"An analysis of the existing capacity, current usage and existing commitments to future usage of existing roads, as indicated by (i) current and projected service levels, (ii) current valid building permits outstanding, and (iii) approved and pending site plans and subdivision plats. If the current usage and commitments exceed the existing capacity of the roads, the locality also shall determine the costs of improving the roads to meet the demand. The analysis shall include any off-site road improvements or cash payments for road improvements accepted by the locality and shall include a plan to fund the current usages and commitments that exceed the existing capacity of the roads.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":211223,"text":"The projected need for and costs of construction of new roads or improvement or expansion of existing roads attributable in whole or in part to projected new development. Road improvement needs shall be projected for the impact fee service area when fully developed in accord with the comprehensive plan and, if full development is projected to occur more than 20 years in the future, at the end of a 20-year period. The assumptions with regard to land uses, densities, intensities, and population upon which road improvement projections are based shall be presented.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":211224,"text":"The total number of new service units projected for the impact fee service area when fully developed and, if full development is projected to occur more than 20 years in the future, at the end of a 20-year period. A &#8220;service unit&#8221; is a standardized measure of traffic use or generation. The locality shall develop a table or method for attributing service units to various types 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 conducted trip generation studies, and consistent with the traffic analysis standards adopted pursuant to &#xA7; 15.2-2222.1.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":15133,"edition_id":1,"name":"Road Impact Fees","identifier":"8","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:52:25","date_modified":"2026-06-26 03:52:25","permalink":{"id":155533,"object_type":"structure","relational_id":15133,"identifier":"8","token":"15.2\/II\/22\/8","url":"\/15.2\/II\/22\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60124,"structure_id":15133,"section_number":"15.2-2317","catch_line":"Applicability of article","url":"\/15.2-2317\/","token":"15.2\/II\/22\/8\/15.2-2317","metadata":false},{"id":72245,"structure_id":15133,"section_number":"15.2-2318","catch_line":"Definitions","url":"\/15.2-2318\/","token":"15.2\/II\/22\/8\/15.2-2318","metadata":false},{"id":70557,"structure_id":15133,"section_number":"15.2-2319","catch_line":"Authority to assess and impose impact fees","url":"\/15.2-2319\/","token":"15.2\/II\/22\/8\/15.2-2319","metadata":false},{"id":62997,"structure_id":15133,"section_number":"15.2-2320","catch_line":"Impact fee service areas to be established","url":"\/15.2-2320\/","token":"15.2\/II\/22\/8\/15.2-2320","metadata":false},{"id":57655,"structure_id":15133,"section_number":"15.2-2321","catch_line":"Adoption of road improvements program","url":"\/15.2-2321\/","token":"15.2\/II\/22\/8\/15.2-2321","metadata":false},{"id":85260,"structure_id":15133,"section_number":"15.2-2322","catch_line":"Adoption of impact fee and schedule","url":"\/15.2-2322\/","token":"15.2\/II\/22\/8\/15.2-2322","metadata":false},{"id":64793,"structure_id":15133,"section_number":"15.2-2323","catch_line":"When impact fees assessed and imposed","url":"\/15.2-2323\/","token":"15.2\/II\/22\/8\/15.2-2323","metadata":false},{"id":76710,"structure_id":15133,"section_number":"15.2-2324","catch_line":"Credits against impact fee","url":"\/15.2-2324\/","token":"15.2\/II\/22\/8\/15.2-2324","metadata":false},{"id":74392,"structure_id":15133,"section_number":"15.2-2325","catch_line":"Updating plan and amending impact fee","url":"\/15.2-2325\/","token":"15.2\/II\/22\/8\/15.2-2325","metadata":false},{"id":62403,"structure_id":15133,"section_number":"15.2-2326","catch_line":"Use of proceeds","url":"\/15.2-2326\/","token":"15.2\/II\/22\/8\/15.2-2326","metadata":false},{"id":76626,"structure_id":15133,"section_number":"15.2-2327","catch_line":"Refund of impact fees","url":"\/15.2-2327\/","token":"15.2\/II\/22\/8\/15.2-2327","metadata":false}],"previous_section":{"id":62997,"structure_id":15133,"section_number":"15.2-2320","catch_line":"Impact fee service areas to be established","url":"\/15.2-2320\/","token":"15.2\/II\/22\/8\/15.2-2320","metadata":false},"next_section":{"id":85260,"structure_id":15133,"section_number":"15.2-2322","catch_line":"Adoption of impact fee and schedule","url":"\/15.2-2322\/","token":"15.2\/II\/22\/8\/15.2-2322","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2321\/","history_text":"<p>This law was first created in 1989. The record of its establishment is cataloged in chapter 485 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 465; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0896\">896<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0225\">225<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0242\">242<\/a>.<\/p>","references":false,"refers_to":[{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"},{"id":76310,"section_number":"15.2-2222.1","catch_line":"Coordination of state and local transportation planning","order_by":null,"url":"\/15.2-2222.1\/"},{"id":57020,"section_number":"33.2-331","catch_line":"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required","order_by":null,"url":"\/33.2-331\/"}],"permalink":{"id":155551,"object_type":"law","relational_id":57655,"identifier":"15.2-2321","token":"15.2\/II\/22\/8\/15.2-2321","url":"\/15.2-2321\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2321\/","token":"15.2\/II\/22\/8\/15.2-2321","dublin_core":{"Title":"Adoption of road improvements program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2321","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Prior to adopting a system of <span class=\"dictionary\">impact fees<\/span>, the <span class=\"dictionary\">locality<\/span> shall conduct an assessment of <span class=\"dictionary\">road improvement<\/span> needs benefiting an <span class=\"dictionary\">impact fee service area<\/span> and shall adopt a <span class=\"dictionary\">road improvements<\/span> plan for the area showing the new roads proposed to be constructed and the existing roads to be improved or expanded and the schedule for undertaking such construction, improvement or expansion. The <span class=\"dictionary\">road improvements<\/span> plan shall be adopted as an amendment to the required comprehensive plan and shall be incorporated into the capital improvements program or, in the case of the counties where applicable, the six-year plan for secondary highway construction pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required\" href=\"\/33.2-331\/\">33.2-331<\/a>.\n\t\tThe <span class=\"dictionary\">locality<\/span> shall adopt the <span class=\"dictionary\">road improvements<\/span> plan after holding a duly advertised public <span class=\"dictionary\">hearing<\/span> in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments\" href=\"\/15.2-2204\/\">15.2-2204<\/a>.\n\t\tThe <span class=\"dictionary\">locality<\/span> at a minimum shall include the following items in assessing <span class=\"dictionary\">road improvement<\/span> needs and preparing a <span class=\"dictionary\">road improvements<\/span> plan:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> An analysis of the existing capacity, current usage and existing commitments to future usage of existing roads, as indicated by (i) current and projected service levels, (ii) current valid building permits outstanding, and (iii) approved and pending <span class=\"dictionary\">site plans<\/span> and subdivision <span class=\"dictionary\">plats<\/span>. If the current usage and commitments exceed the existing capacity of the roads, the <span class=\"dictionary\">locality<\/span> also shall determine the costs of improving the roads to meet the demand. The analysis shall include any off-site <span class=\"dictionary\">road improvements<\/span> or cash payments for <span class=\"dictionary\">road improvements<\/span> accepted by the <span class=\"dictionary\">locality<\/span> and shall include a plan to fund the current usages and commitments that exceed the existing capacity of the roads. <a id=\"paragraph-211222\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2321\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> The projected need for and costs of construction of new roads or improvement or expansion of existing roads attributable in whole or in part to projected new <span class=\"dictionary\">development<\/span>. <span class=\"dictionary\">Road improvement<\/span> needs shall be projected for the <span class=\"dictionary\">impact fee service area<\/span> when fully developed in accord with the comprehensive plan and, if full <span class=\"dictionary\">development<\/span> is projected to occur more than 20 years in the future, at the end of a 20-year period. The assumptions with regard to land uses, densities, intensities, and population upon which <span class=\"dictionary\">road improvement<\/span> projections are based shall be presented. <a id=\"paragraph-211223\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2321\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> The total number of new service units projected for the <span class=\"dictionary\">impact fee service area<\/span> when fully developed and, if full <span class=\"dictionary\">development<\/span> is projected to occur more than 20 years in the future, at the end of a 20-year period. A &#8220;service unit&#8221; is a standardized measure of traffic use or generation. The <span class=\"dictionary\">locality<\/span> shall develop a table or method for attributing service units to various types of <span class=\"dictionary\">development<\/span> 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 conducted trip generation studies, and consistent with the traffic analysis standards adopted pursuant to &#xA7; <a class=\"law\" title=\"Coordination of state and local transportation planning\" href=\"\/15.2-2222.1\/\">15.2-2222.1<\/a>. <a id=\"paragraph-211224\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2321\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nADOPTION OF ROAD IMPROVEMENTS PROGRAM (\u00a7 15.2-2321)\n\nPrior to adopting a system of impact fees, the locality shall conduct an\nassessment of road improvement needs benefiting an impact fee service area and\nshall adopt a road improvements plan for the area showing the new roads proposed\nto be constructed and the existing roads to be improved or expanded and the\nschedule for undertaking such construction, improvement or expansion. The road\nimprovements plan shall be adopted as an amendment to the required comprehensive\nplan and shall be incorporated into the capital improvements program or, in the\ncase of the counties where applicable, the six-year plan for secondary highway\nconstruction pursuant to \u00a7 33.2-331.\n\t\tThe locality shall adopt the road improvements plan after holding a duly\nadvertised public hearing in accordance with \u00a7 15.2-2204.\n\t\tThe locality at a minimum shall include the following items in assessing road\nimprovement needs and preparing a road improvements plan:\n\n1. An analysis of the existing capacity, current usage and existing commitments\nto future usage of existing roads, as indicated by (i) current and projected\nservice levels, (ii) current valid building permits outstanding, and (iii)\napproved and pending site plans and subdivision plats. If the current usage and\ncommitments exceed the existing capacity of the roads, the locality also shall\ndetermine the costs of improving the roads to meet the demand. The analysis\nshall include any off-site road improvements or cash payments for road\nimprovements accepted by the locality and shall include a plan to fund the\ncurrent usages and commitments that exceed the existing capacity of the roads.\n\n2. The projected need for and costs of construction of new roads or improvement\nor expansion of existing roads attributable in whole or in part to projected new\ndevelopment. Road improvement needs shall be projected for the impact fee\nservice area when fully developed in accord with the comprehensive plan and, if\nfull development is projected to occur more than 20 years in the future, at the\nend of a 20-year period. The assumptions with regard to land uses, densities,\nintensities, and population upon which road improvement projections are based\nshall be presented.\n\n3. The total number of new service units projected for the impact fee service\narea when fully developed and, if full development is projected to occur more\nthan 20 years in the future, at the end of a 20-year period. A &#8220;service\nunit&#8221; is a standardized measure of traffic use or generation. The locality\nshall develop a table or method for attributing service units to various types\nof development and land use, including but not limited to residential,\ncommercial and industrial uses. The table shall be based upon the ITE manual\n(published by the Institute of Transportation Engineers) or locally conducted\ntrip generation studies, and consistent with the traffic analysis standards\nadopted pursuant to &#xA7; 15.2-2222.1.\n\nHISTORY: 1989, c. 485, \u00a7 15.1-498.4; 1992, c. 465; 1997, c. 587; 2007, c. 896;\n2024, cc. 225, 242.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}