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2010 SESSION
10103955DBe it enacted by the General Assembly of Virginia:
1. That § 15.2-2223.1 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2223.1. Comprehensive plan to include urban development areas; new urbanism.
A. For purposes of this section:
“Commercial” means property devoted to usual and customary business purposes for the sale of goods and services and includes, but is not limited to, retail operations, hotels, motels and offices. “Commercial” does not include residential dwelling units, including apartments and condominiums, or agricultural or forestal production, or manufacturing, processing, assembling, storing, warehousing, or distributing.
“Commission” means the Commission on Local Government.
“Developable acreage,” for the purposes of calculating density within the urban development area, means land that is not included in (i) existing parks, rights-of-way of arterial and collector streets, railways, and public utilities and (ii) other existing public lands and facilities.
"Population growth" means the difference in population from the next-to-latest to the latest decennial census year, based on population reported by the United States Bureau of the Census. In computing its population growth, a locality may exclude the inmate population of any new or expanded correctional facility that opened within the time period between the two censuses.
"Urban development area" means an area designated by a locality that is (i) appropriate for higher density development due to its proximity to transportation facilities, the availability of a public or community water and sewer system, or a developed area and (ii) to the extent feasible, to be used for redevelopment or infill development.
B.
Every county, city, or town locality that has adopted
zoning pursuant to Article 7 (§ 15.2-2280 et seq.) of Chapter 22 of Title 15.2 this chapter and that (i) has
a population of at least 20,000 and population growth of at least 5% five percent or (ii) has
population growth of 15% 15 percent or more, shall, and
any county, city or town locality may, amend its
comprehensive plan to incorporate one or more urban development areas. For purposes of this section, population growth
shall be the difference in population from the next-to-latest to the latest
decennial census year, based on population reported by the United States Bureau
of the Census. For purposes of this section, an urban development area is an
area designated by a locality that is appropriate for higher density
development due to proximity to transportation facilities, the availability of
a public or community water and sewer system, or proximity to a city, town, or
other developed area.
1. The
comprehensive plan of a locality having
a population of less than 50,000 persons shall provide for commercial and residential densities within
urban development areas that are appropriate for reasonably compact development at a density on the developable acreage of
at least four residential single-family residences, six townhouses, or 12
apartments, condominium units, or
cooperative units per gross
acre, and a
minimum an authorized
floor area ratio of 0.4 per gross
acre for commercial development, or any proportional
combination thereof.
The urban development
areas may provide for a mix of residential housing types, including affordable
housing, to meet the projected family income distributions of future
residential growth.
The comprehensive plan of a locality having a population of 50,000 or more persons shall provide for urban development areas that are appropriate for development at a density on the developable acreage of at least eight single-family residences, 12 townhouses, or 24 apartments, condominium units, or cooperative units per acre, and an authorized floor area ratio of at least 0.8 per acre for commercial development, or any proportional combination thereof.
2. The comprehensive plan shall designate one or more
urban development areas designated by a
locality shall be sufficient to meet projected residential
and commercial growth in the locality for an ensuing period of at least 10 but
not more than 20 years, which may include phasing of development within the
urban development areas. Future residential and
commercial growth shall be based on official estimates and projections
of the Weldon Cooper Center for Public Service of the University of Virginia or other official government sources projections of the Virginia Employment Commission
or the United States Bureau of the Census.
3. The
boundaries and size of each urban development area shall be reexamined and, if
necessary, revised every five years in conjunction with the update review
of the comprehensive plan and in accordance with the most recent available
population growth estimates and projections. Such
districts may be areas designated for redevelopment or infill development.
4. The boundaries of each urban development area shall be identified in the locality’s comprehensive plan and shall be shown on future land use maps contained in such comprehensive plan.
B5. The comprehensive plan shall further incorporate principles of new urbanism and traditional neighborhood for development in the urban development area,
which may include but need not be limited to (i) pedestrian-friendly road
design, (ii) interconnection of new local streets with existing local streets
and roads, (iii) connectivity of road and pedestrian networks, (iv)
preservation of natural areas, (v) satisfaction of
requirements for stormwater management, (vi) mixed-use
neighborhoods, including mixed housing types, (vii) with affordable
housing to meet the projected family income distributions of future residential
growth, (vi) reduction of front and side yard building
setbacks, and (viii) (vii) reduction of subdivision
street widths and turning radii at subdivision street intersections.
C6. The comprehensive plan shall
describe any financial and other incentives for development in the urban
development areas.
7. A portion of one or more urban development areas shall be designated as a receiving area for any transfer of development rights program established by the locality.
DC. No county, city, or town locality that has amended its comprehensive plan in
accordance with this section shall limit or prohibit development pursuant to
existing zoning or shall refuse to consider any application for rezoning based
solely on the fact that the property is located outside the urban development
area.
ED. Any county, city, or town locality that would be required to amend its plan pursuant
to this section subsection B that determines
that its plan accommodates growth in a manner consistent with this section subsection B, upon adoption of
a resolution certifying describing such compliance accommodation and describing any financial and other incentives for development
in the areas that accommodate such growth, shall not be
required to further amend its plan pursuant to
subsection B.
E. Localities shall consult with adjacent localities, as well as the relevant planning district commission and metropolitan planning organization, in establishing the appropriate size and location of urban development areas to promote orderly and efficient development of their region.
F. Any county that amends its
comprehensive plan pursuant to this section subsection B may, by agreement made pursuant to Chapter 34 (§ 15.2-3400 et seq.),
designate one or more urban development areas in any incorporated town within
such county, if the governing body council of the town has also
amended its comprehensive plan to designate the same areas as urban development
areas with at least the same density designated by the county. However, if a town has established an urban
development area within its corporate boundaries, the county within which the
town is located shall not include the town’s projected population and
commercial growth when initially determining or reexamining the size and
boundary of any other urban development area within the county.
G. To the extent possible, federal, state and local
transportation, housing, and water and sewer facility,
economic development, and other public
infrastructure funding shall be directed to the urban
development area, or in the case of a
locality that adopts a resolution pursuant to subsection D, to the area that
accommodates growth in a manner consistent with this section.
H. Documents describing all urban development area designations, as well as any resolution adopted pursuant to subsection D, together with associated written policies, zoning provisions and other ordinances, and the capital improvement program shall be forwarded, electronically or by other means, to the Commission within 90 days of the adoption or amendment of comprehensive plans and other written policies, zoning provisions and other ordinances. The Commission shall annually report to the Governor and General Assembly the overall compliance with this section including densities achieved within each urban development area. Before preparing the initial report, the Commission shall develop an appropriate format in concert with the relevant planning district commission. Other than the documents, policies, zoning provisions and other ordinances, resolutions, and the capital improvement program forwarded by the locality, the Commission shall not impose an additional administrative burden on localities in preparing the annual report required by this subsection.
I. Any locality that becomes subject to this section due to population growth shall have two years following the report of the United States Bureau of the Census made pursuant to P.L. 94-171 to amend its comprehensive plan in accordance with this section.