A.
Policy. Except as otherwise provided herein, the developer shall provide surety
to guarantee the satisfactory performance of the street, an inspection fee to
cover the department's cost of inspecting the new street, and an administrative
cost recovery fee to recover the department's costs associated with the review
of subdivision or other development plans and the administrative processing of
the acceptance of new streets as determined in this section. All surety and
fees collected under this section shall be based on the date of the local
governing body's request and the aggregate mileage of new streets in that
request, rounded up to the next tenth of a mile. In the event of extenuating
circumstances beyond the developer's control, the commissioner or his designee
may waive all or a portion of any of the surety and fees.
B. Surety. The department reserves the right
to inspect, or have inspected, the street proposed for acceptance into the
secondary system of state highways at any stage of construction and prior to
street acceptance. The developer, contractor, and third-party inspector, if
applicable, shall cooperate with the assigned VDOT personnel to provide the
access and information necessary to verify that construction of the street is
in accordance with the street's approved design and appropriate standards and
specifications. A determination by the district administrator's designee that
the required cooperation has not been extended shall be grounds for VDOT to
refuse to accept the street for maintenance as part of the secondary system of
state highways. A determination of noncooperation may be appealed as specified
by this chapter (see
24VAC30-92-110 ).
1. Type of surety and expiration. The
developer shall provide surety to guarantee the satisfactory performance of the
street. In the event the developer fails to provide surety or any of the fees
described in this section within the 30-day period following the local
governing body's request for the department to accept the maintenance of a
street, the department's or other entity's previous final inspection of the
street shall be considered void and a new inspection shall be required. An
acceptable surety may be in the form of a performance bond, cash deposit,
certified check, irrevocable letter of credit, third-party escrow account, or
other form mutually satisfactory to the department and the developer. Under no
circumstances shall the department or any agency of the Commonwealth be named
the escrow agent nor shall funds deposited with the department as surety be
subject to the payment of interest.
a. Amount
of surety. The surety shall be $3,000 for each tenth of a lane mile, or portion
thereof, to be accepted by the department for maintenance as part of the
secondary system of state highways. The Commonwealth Transportation Board may
adjust the surety on an annual basis based on increases or decreases in the
producer price index for highway and street construction materials up to an
amount not to exceed $5,000 for each tenth of a lane mile or portion
thereof.
b. Length of surety. The
surety shall guarantee performance of the street for one year from the date of
its acceptance into the secondary system of state highways.
2. Alternatives to surety.
a. In jurisdictions where the staff of the
governing body administers a comprehensive street construction inspection
program that has been approved by the department, the surety shall be waived
upon certification by the governing body that the proposed addition has been
constructed in accordance with approved plans and specifications.
b. If requested by the developer and subject
to availability of departmental personnel or consultants, VDOT may perform the
construction inspection equivalent to that required for third-party inspection
of any street or streets proposed to be added to the secondary system of state
highways. In such cases, the developer shall bear all costs incurred by the
department, the surety shall be waived, and no street inspection fee pursuant
to subsection D of this section shall be charged.
c. A third-party inspection process shall be
acceptable to the department if:
(1) The
developer or construction contractor arranges for a firm not otherwise related
to the developer or contractor to provide inspection services for the
construction of the streets in the development;
(2) Inspection and testing methodology and
frequency are accomplished in accordance with VDOT Materials Division's Manual
of Instructions, 2011 and the Virginia Department of Transportation Road and
Bridge Specifications, 2007, revised 2011; and
(3) A report is submitted to the department
summarizing the inspections steps taken, certifying the results of the
inspection and testing as accurate, and confirming that the street or streets
were built to the approved specifications and pavement design, signed and
stamped by a professional engineer licensed to practice as such in the
Commonwealth.
C. Administrative cost recovery fee.
1. Application of the administrative cost
recovery fee. To recover a portion of the department's direct costs associated
with the review of plans or plans of development, and the administrative
processing of the acceptance of new streets, an administrative cost recovery
fee shall be required from the developer at the time the streets are accepted
by the department. The amount of this cost recovery fee shall be computed at a
base rate of $500 per addition, without regard to street length, plus $250 per
tenth of a centerline mile, or portion thereof.
2. Alternatives to the administrative cost
recovery fee. As an alternative to the administrative cost recovery fee, the
department may use one of the following approaches to recover its direct costs:
a. For any development, at the developer's
request, the department may establish an account for the purpose of tracking
these costs and billing the developer not more often than every 30
days;
b. For large, complex,
multiuse developments, the department, at its option, may establish an account
for the purpose of tracking these costs and billing the developer not more
often than every 30 days. However, the cost recovery fee assessed under this
provision shall not be greater than two times the prevailing administrative
cost recovery fee structure; or
c.
If requested to provide plan review for streets that are not intended for
maintenance by the department, the department may establish an account for the
purpose of tracking these costs and billing the developer not more often than
every 30 days.
D. Street inspection fee. To recover a
portion of the department's direct costs associated with the inspection of
subdivision streets, an inspection fee shall be required from the developer at
the time the streets are accepted by the department.
The inspection fee shall be computed at a base rate of $250
per addition, without regard to street length, plus $125 per tenth of a
centerline mile, or portion thereof.
The street inspection fee shall be reduced by 75% if either a
third-party inspection process pursuant to subdivision B 2 c of this section or
a local street inspection certification process pursuant to subdivision B 2 a
of this section was used.
If requested to provide inspection services for subdivision
streets that are not intended for maintenance by the department, the department
may establish an account for the purpose of tracking these costs and billing
the developer not more often than every 30 days.
Notes
24
Va. Admin. Code §
30-92-140
Derived from Virginia
Register Volume 25, Issue 15, eff. March 9, 2009; Errata, 25:16 VA.R. 2978
April 13, 2009; amended, Virginia Register Volume 28, Issue 8, eff. December
31, 2011.
Statutory Authority
§ 33.1-70.3 of the Code of Virginia; Chapter 870 of
the 2011 Acts of Assembly.