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2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2222.1 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2222.1. Coordination of state and local transportation planning.
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
state-controlled highways as defined by regulations promulgated by the
Department. The Department'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.
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 § 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'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 and long term traffic impacts on and off site. 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' organization or neighborhood association that proposes comprehensive plan amendments through its local planning commission or local governing body.