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2004 SESSION
048235736Be it enacted by the General Assembly of Virginia:
1. That § 33.1-72.1 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-72.1. Taking certain streets into secondary system.
A. "Street," as used in this section, means a street or highway shown on a plat
which was recorded or otherwise opened to public use prior to July 1, 19901992,
at which time it was open to and used by motor vehicles, and which, for any reason, has not been
taken into the secondary system of state highways and serves at least three families per mile.
B. "County," as used in this section, means a county in which the secondary system of the state highways is constructed and maintained by the Department of Transportation and which has adopted a local ordinance for control of the development of subdivision streets to the necessary standards for acceptance into the secondary system.
C. "Speculative interest," as used in this section means that the original developer or a successor developer retains ownership in any lot abutting such street for development or speculative purposes. In instances where it is determined that speculative interest is retained by the original developer, developers, or successor developers and the governing body of the county deems that extenuating circumstances exist, the governing body of the county shall require a pro rata participation by such original developer, developers, or successor developers as prescribed in subsection G of this section as a condition of the county's recommendation pursuant to this section.
D. "Qualifying rural addition cost," as used in this section, means that portion of the estimated engineering and construction cost to improve the street to the minimum standards for acceptance remaining after reducing the total estimated cost by any prorated amount deemed the responsibility of others based on speculative interests as defined in subsection C.
C. E. Whenever the governing body of a county recommends in writing to the
Department of Transportation that any street in the county be taken into and become a part of the
secondary system of the state highways in such county, the Department of
Transportation thereupon, within the limit of available funds and the mileage
available in such county for the inclusion of roads and streets in the
secondary system, shall take such street into the secondary system of state
highways for maintenance, improvement, construction and reconstruction if such
street, at the time of such recommendation, either: (i) has a minimum dedicated
width of forty40 feet or (ii) in the event of extenuating circumstances as
determined by the Commonwealth Transportation Commissioner, such street has a minimum dedicated width
of thirty30 feet at the time of such recommendation. In either case such
streets must have easements appurtenant thereto which conform to the policy of
the Commonwealth Transportation Board with respect to drainage. After the
streets are taken into the secondary system of state highways, the Department
shall maintain the same in the manner provided by law. For streets whose plans
are submitted on or after July 1, 1998, if the local government requires street
pavement widths other than those set forth in the Virginia Department of
Transportation's Subdivision Street Requirements (24 VAC 30-90-10 et seq. of
the Virginia Administrative Code), any increase in the annual cost of
maintenance attributable to such other pavement widths shall be paid to the
Department by the local government.
F. Such street shall only be taken into the secondary system of state highways if the governing body of the county has identified and made available the funds required to improve the street to the required minimum standards The county may consider the following options to fund the required improvements for streets accepted under this section:
1. The local governing body of the county may use a portion of the county's
annual secondary highway system construction allocation designated as "rural
addition funds" to fund the qualifying rural addition costs for qualifying streets
if the county agrees to contribute from county revenue or the special
assessment of the landowners on the street in question one-half of the
qualifying rural addition cost to bring the streets up to the necessary
minimum standards for acceptance. No such special assessment of landowners on such
streets shall be made unless the governing body of the county receives written
declarations from the owners of seventy-five75 percent or more of the platted
parcels of land abutting upon such street stating their acquiescence in such assessments. The basis
for such special assessments, at the option of the local governing body, shall
be either (i) the proportion the value of each abutting parcel bears to total
value of all abutting parcels on such street as determined by the current
evaluation of the property for real estate tax purposes, or (ii) the proportion
the abutting road front footage of each parcel abutting the street bears to the
total abutting road front footage of all parcels abutting on the street, or
(iii) an equal amount for each parcel abutting on such street. No such special
assessment on any parcel shall exceed one-third of the current evaluation of
such property for real estate tax purposes. Such streets are eligible under
this provision only if neither the original developer, developers, nor
successor developers retain a speculative interest in property abutting such
streets. For the purpose of this section, ownership or partnership in two or
more parcels, or equivalent frontage, abutting such streets shall constitute
speculative interest. Special assessments under this section shall be conducted
in the manner provided in Article 2 (§ 15.2-2404 et seq.) of Chapter 24 of
Title 15.2, mutatis mutandis, for assessments for local improvements.
D. 2. Whenever the governing body of a county recommends in writing to the
Department of Transportation that any street in the county be taken into the secondary system of state
highways as a rural addition to the secondary system in such county, the Department of Transportation
thereupon shall, The local governing body of any county may use a portion of
its annual secondary highway system construction allocation designated as "rural addition
funds" to fund the qualifying rural addition cost for qualifying streets within
the limitation of funds and the mileage limitation of the Commonwealth Transportation
Board's policy on rural additions, take such street into the secondary system
of state highways as a rural addition thereto for maintenance, improvement,
construction, and reconstruction. Any street added to the secondary system
under this provision shall be constructed to the Department's standards for the
traffic served. Such streets are eligible under this provision only if neither
the original developer, developers, nor successor developers retain a
speculative interest, as herein defined, in property abutting such streets.
3. The local governing body of any county may use revenues derived from the sale of bonds to finance the construction of rural additions to the secondary system of such county. In addition, from the funds allocated by the Commonwealth for the construction of secondary road improvements, such governing body may use funds allocated within the Commonwealth Transportation Board policy for the construction of rural additions to pay principal and interest on bonds associated with rural additions in such county, provided the revenue derived from the sale of such bonds is not used as the county matching contribution under § 33.1-75.1. The provisions of this section shall not constitute a debt or obligation of the Commonwealth Transportation Board or the Commonwealth of Virginia.
4. The local governing body of the county may expend general county revenue for the purposes of this section.
5. The local governing body of the county may permit one or more of the landowners on the street in question to pay to the county a sum equal to one-half of the qualifying rural addition cost to bring the street up to the necessary minimum standards for acceptance into the secondary system of state highways, which funds the county shall then utilize for such purpose. Thereafter, upon collection of the special assessment of landowners on such street, the county shall use such special assessment funds to reimburse, without interest, the one or more landowners for those funds which they previously advanced to the count to bring the street up to the necessary minimum standards for acceptance.
6. The local governing body of the county may utilize the allocations made to the county in accordance with § 33.1-75.1.
E. G. In instances where it is determined that speculative interest, as defined
in subsection C, exists is retained by the original developer, developers, or
successor developers and the governing body of the county deems that extenuating
circumstances exist, the governing body of the county shall require a pro rata
participation by such original developer, developers or successor developers as
a condition of the county's recommendation pursuant to this section. The the
basis for the pro rata percentage required of such developer, developers, or
successor developers shall be the proportion that the value of the abutting
parcels owned or partly owned by the developer, developers, or successor
developers bears to the total value of all abutting property as determined by
the current evaluation of the property for real estate purposes. The pro rata
percentage shall be applied to the Department of Transportation's total
estimated cost to construct such street to the necessary minimum standards for
acceptance to determine the amount of costs to be borne by the developer,
developers, or successor developers. Property so evaluated shall not be
assessed in the special assessment for the determination of the individual pro
rata share attributable to other properties. Further, when such pro rata
participation is accepted by the governing body of the county from such
original developer, developers, or successor developers, such amount shall be
deducted from the Department of Transportation's total estimated cost and the
remainder of such estimated cost, the qualifying rural addition cost, shall
then be the basis of determining the assessment under the special assessment provision or
determining the amount to be provided by the county when funded from general county
revenue under subsection C of this section or determining the amount to be
funded as a rural addition under subsection D of this section.
F. H. Acceptance of any street into the secondary system of state highways for
maintenance, improvement, construction, and reconstruction shall not impose any
obligation on the Board to acquire any additional right-of-way or easements
should they be necessary by virtue of faulty construction or design.
G. The local governing body of the county may expend general county revenue for
the purposes of this section.
H. The local governing body of the county may permit one or more of the
landowners on the street in question to pay to the county a sum equal to one-half of
the cost to bring the street up to the necessary minimum standards for
acceptance into the secondary system of state highways, which funds the county
shall then utilize for such purpose. Thereafter, upon collection of the special
assessment of landowners on such street, the county shall use such special
assessment funds to reimburse, without interest, the one or more landowners for
those funds which they previously advanced to the county to bring the street up
to the necessary minimum standards for acceptance.
I. Any funds allocated for use within any county for the purpose of adding to
the secondary system of highways, if "Rural addition funds" means those funds
reserved from the county's annual allocation of secondary system highway construction
funds, as defined in § 33.1-67, for the purpose of this section. If such funds
are not used by such county for such purpose during the fiscal year they are so
allocated, the funds may be held for such purpose for the three four succeeding
fiscal years. A maximum of five percent of the annual secondary system highway
construction allocation may be reserved by the governing body for rural
additions.