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2009 SESSION
098500240Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2263 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2263. Expedited land development review procedure.
A. The Counties of Hanover, Loudoun, Montgomery, Prince
William, and Roanoke, and the Town of Leesburg, may
establish, by ordinance, a separate processing procedure for the review of
preliminary and final subdivision and site plans and other development plans
certified by licensed professional engineers, architects, certified landscape
architects and land surveyors who are also licensed pursuant to § 54.1-408 and
recommended for submission by persons who have received special training in the county's locality's land development
ordinances and regulations. The purpose of the separate review procedure is to
provide a procedure to expedite the county's locality's review of certain qualified land development plans. If
a separate procedure is established, the county locality
shall establish within the adopted ordinance the criteria for
qualification of persons and whose work is eligible to use the separate
procedure as well as a procedure for determining if the qualifications are met
by persons applying to use the separate procedure. Persons who satisfy the
criteria of subsection B below shall qualify as plans examiners. Plans reviewed
and recommended for submission by plans examiners and certified by the
appropriately licensed professional engineer, architect, certified landscape
architect or land surveyor shall qualify for the separate processing procedure.
B. The qualifications of those persons who may participate in this program shall include, but not be limited to, the following:
1. A bachelor of science degree in engineering, architecture, landscape architecture or related science or equivalent experience or a land surveyor certified pursuant to § 54.1-408.
2. Successful completion of an educational program specified
by the county locality.
3. A minimum of two years of land development engineering
design experience acceptable to the county locality.
4. Attendance at continuing educational courses specified by
the county locality.
5. Consistent preparation and submission of plans which meet all applicable ordinances and regulations.
C. If an expedited review procedure is adopted by the board of
supervisors or town council pursuant to the
authority granted by this section, the board of supervisors or town council shall
establish an advisory plans examiner board, which
shall make recommendations to the board of supervisors or town
council on the general operation of the program, on the general
qualifications of those who may participate in the expedited processing
procedure, on initial and continuing educational programs needed to qualify and
maintain qualification for such a program and on the general administration and
operation of the program. In addition, the plans examiner board shall submit
recommendations to the board of supervisors or town council as
to those persons who meet the established qualifications for participation in
the program, and the plans examiner board shall submit recommendations as to
whether those persons who have previously qualified to participate in the
program should be disqualified, suspended or otherwise disciplined. The plans
examiner board shall consist of six members who shall be appointed by the board
of supervisors or town council for staggered
four-year terms. Initial terms may be less than four years so as to provide for
staggered terms. The plans examiner board shall consist of three persons in
private practice as licensed professional engineers or land surveyors certified
pursuant to § 54.1-408, at least one of whom shall be a certified land
surveyor; one person employed by the county government of
the locality; one person employed by the Virginia Department of
Transportation who shall serve as a nonvoting advisory member; and one citizen
member. All members of the board who serve as licensed engineers or as
certified surveyors must maintain their professional license or certification
as a condition of holding office and shall have at least two years of
experience in land development procedures of the county locality. The citizen member of the board shall meet the
qualifications provided in § 54.1-107 and, notwithstanding the proscription of
clause (i) of § 54.1-107, shall have training as an engineer or surveyor and
may be currently licensed, certified or practicing his profession.
D. The expedited land development program shall include an
educational program conducted under the auspices of a state institution of
higher education. The instructors in the educational program shall consist of
persons in the private and public sectors who are qualified to prepare land
development plans. The educational program shall include the comprehensive and
detailed study of county local ordinances
and regulations relating to plans and how they are applied.
E. The separate processing system may include a review of selected or random aspects of plans rather than a detailed review of all aspects; however, it shall also include a periodic detailed review of plans prepared by persons who qualify for the system.
F. In no event shall this section relieve persons who prepare
and submit plans of the responsibilities and obligations whichthat
they would otherwise have with regard to the preparation of plans, nor shall it
relieve the county locality
of its obligation to review other plans in the time periods and manner
prescribed by law.