                                 CODE OF VIRGINIA

COORDINATION OF STATE AND LOCAL TRANSPORTATION PLANNING (§ 15.2-2222.1)

A. 1. Prior to adoption of any comprehensive plan pursuant to § 15.2-2223, any
part of a comprehensive plan pursuant to § 15.2-2228, or any amendment to any
comprehensive plan as described in § 15.2-2229, the locality shall submit such
plan or amendment to the Department of Transportation for review and comment if
the plan or amendment will substantially affect transportation on
state-controlled highways as defined by regulations promulgated by the
Department. The Department&#8217;s comments on the proposed plan or amendment
shall relate to plans and capacities for construction of transportation
facilities affected by the proposal.

   2. If the submitting locality is located within Planning District 8, the
   Department of Transportation shall also determine the extent to which the
   proposed plan or amendment will increase traffic congestion or, to the extent
   feasible, reduce the mobility of citizens in the event of a homeland security
   emergency and shall include such information as part of its comments on the
   proposed plan or amendment. In making such determination, the Department shall
   specify by name and location any transportation facility within the scope of
   the review specified in subdivision 1 having a functional classification of
   minor arterial or higher for which an increase in traffic volume is expected
   to exceed the capacity of the facility as a result of the proposed plan or
   amendment. Such information shall be provided concurrently to the submitting
   locality and the Northern Virginia Transportation Authority. Further, to the
   extent that such information is readily available, the Department shall also
   include in its comments an assessment of the measures and estimate of the
   costs necessary to mitigate or ameliorate the congestion or reduction in
   mobility attributable to the proposed plan or amendment.

   3. Within 30 days of receipt of such proposed plan or amendment, the
   Department may request, and the locality shall agree to, a meeting between the
   Department and the local planning commission or other agent to discuss the
   plan or amendment, which discussions shall continue as long as the
   participants may deem them useful. The Department shall make written comments
   within 90 days after receipt of the plan or amendment, or by such 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 rezoning under
&#xA7; 15.2-2286, 15.2-2297, 15.2-2298, or 15.2-2303, the locality shall submit
the proposal to the Department of Transportation within 10 business days of
receipt thereof if the proposal will substantially affect transportation on
state-controlled highways. Such application shall include a traffic impact
statement if required by local ordinance or pursuant to regulations promulgated
by the Department. Within 45 days of its receipt of such traffic impact
statement, the Department shall either (i) provide written comment on the
proposed rezoning to the locality or (ii) schedule a meeting, to be held within
60 days of its receipt of the proposal, with the local planning commission or
other agent and the rezoning applicant to discuss potential modifications to the
proposal to address any concerns or deficiencies. The Department&#8217;s
comments on the proposed rezoning shall be based upon the comprehensive plan,
regulations and guidelines of the Department, engineering and design
considerations, any adopted regional or statewide plans, and short-term and
long-term traffic impacts on and off site. If the locality is in Planning
District 8, the Department&#8217;s review shall specify by name and location any
transportation facility within the scope of the review specified in subdivision
A 1 having a functional classification of minor arterial or higher for which an
increase in traffic volume is expected to exceed the capacity of the facility as
a result of the proposed plan or amendment. The Department shall complete its
initial review of the rezoning proposal within 45 days, and its final review
within 120 days, after it receives the rezoning proposal from the locality.
Notwithstanding the foregoing provisions of this subsection, such review by the
Department shall be of a more limited nature and scope in cases of rezoning a
property consistent with a local comprehensive plan that has already been
reviewed by the Department as provided in this section.

C. If a locality has not received written comments within the timeframes
specified in subsection B, the locality may assume that the Department has no
comments.

D. The review requirements set forth in this section shall be supplemental to,
and shall not affect, any requirement for review by the Department of
Transportation or the locality under any other provision of law. Nothing in this
section shall be deemed to prohibit any additional consultations concerning land
development or transportation facilities that may occur between the Department
and localities as a result of existing or future administrative practice or
procedure, or by mutual agreement.

E. The Department shall impose fees and charges for the review of applications,
plans and plats pursuant to subsections A and B, and such fees and charges shall
not exceed $1,000 for each review. However, no fee shall be charged to a
locality or other public agency. Furthermore, no fee shall be charged by the
Department to a citizens&#8217; organization or neighborhood association that
proposes comprehensive plan amendments through its local planning commission or
local governing body.

HISTORY: 2006, cc. 527, 563; 2007, c. 792; 2010, c. 121; 2011, cc. 647, 888;
2012, c. 770; 2014, c. 766; 2016, c. 370; 2017, c. 536.