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2009 SESSION
098262338Be 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'slocality's
land development ordinances and regulations. The purpose of the separate review
procedure is to provide a procedure to expedite the county'slocality's
review of certain qualified land development plans. If a separate procedure is
established, the countylocality 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 countylocality.
3. A minimum of two years of land development engineering
design experience acceptable to the countylocality.
4. Attendance at continuing educational courses specified by
the countylocality.
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 countylocality.
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 countylocal 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 countylocality
of its obligation to review other plans in the time periods and manner
prescribed by law.