A. Applicability. This regulation is intended
to govern secondary street development and the criteria for acceptance of these
streets by the department for subsequent maintenance. The Road Design Manual,
2011 (VDOT) and its Appendix B (1), the Subdivision Street Design Guide offer
guidance on the design and construction features of secondary street
development and set out design parameters deemed appropriate for most land
development scenarios. However, the business of land development is fluid and
the department, in consultation with the local official, is prepared to
consider innovative transportation approaches associated with land development
proposals that are consistent with the design and connectivity requirements of
this chapter and the Subdivision Street Design Guide, Appendix B (1) of the
Road Design Manual, 2011 (VDOT). However, when not specifically addressed in
one of those documents, the relevant requirements of the Road Design Manual,
2011 (VDOT), standards, specifications, the Pavement Design Guide for
Subdivision and Secondary Roads in Virginia, 2009 (VDOT) and associated
instructions shall govern.
These requirements apply to all streets designated to be
maintained by the department as part of the secondary system of state highways,
except for streets whose construction was funded by state highway construction
allocations. The department's review and approval shall apply only to streets
proposed for addition to the secondary system of state highways maintained by
the department. Any plans submitted for review that contain only streets
proposed for maintenance by entities other than the department may be reviewed
for general guidance at the discretion of the district administrator but will
not be officially approved. However, any such review shall not represent the
department's commitment to accept such streets for maintenance irrespective of
the quality of the construction of the street or streets.
Any streets proposed to be privately maintained shall have a
notation on the plat and impacted deeds that clearly indicates that as a
prerequisite for the streets' future acceptance, the streets must be improved
to the department's prevailing requirements for acceptance at no cost to the
department. All notations made on plats or similar instruments pursuant to this
section shall be in accordance with § 33.2-336 of the Code of
Virginia.
B.
Grandfathering.
1. Streets where the street
layout has been proffered pursuant to § 15.2-2297, 15.2-2298, or 15.2-2303
of the Code of Virginia prior to February 1, 2012, may, at the discretion of
the developer, be considered for acceptance in accordance with the applicable
former requirements, provided the requirements of § 15.2-2307 of the Code
of Virginia have been met. This grandfathering shall not apply to any streets
where the proffered layout may be adjusted, without requiring a significant
affirmative governmental zoning action to modify such proffered conditions, to
meet the requirements of this chapter, unless a site plan, subdivision plat, or
preliminary plat relying on such proffered street layout has been submitted for
approval prior to February 1, 2012. In such instances the grandfathering may,
at the discretion of the developer, apply to the applicable site plan,
subdivision plat, or preliminary subdivision plat. Notwithstanding any other
provision of this subsection, the grandfathering provided based upon proffers
shall not be lost or adversely impacted due to a modification of the relevant
plan or plat so long as no more than 20% (cumulative) of the original street
centerline mileage is eliminated, realigned, or added compared to the proffered
layout and the modification is not expected to result in an increase in traffic
generation.
2. Streets that are
part of a recorded plat or final site plan valid pursuant to § 15.2-2261
of the Code of Virginia and approved in accordance with §§ 15.2-2241
through 15.2-2245 and 15.2-2286 of the Code of Virginia prior to February 1,
2012, shall be considered for acceptance in accordance with the applicable
former requirements as long as such plats or plans remain valid under
applicable law. However, such streets may be considered for acceptance under
requirements of this chapter at the discretion of the developer.
3. Streets that are part of a preliminary
subdivision plat valid pursuant to § 15.2-2260 of the Code of Virginia
approved in accordance with §§ 15.2-2241 through 15.2-2245 and
15.2-2286 of the Code of Virginia prior to February 1, 2012, shall be
considered for acceptance in accordance with the applicable former requirements
for a period of up to five years or such longer period as such preliminary
subdivision plat is valid under applicable law, provided the requirements of
§ 15.2-2260 of the Code of Virginia have been met. Such grandfathering
shall apply to construction plans, site plans, and final plats submitted and
approved in furtherance of such preliminary subdivision plat for as long as
such plans or plats remain valid under applicable law. However, such streets
may be considered for acceptance under requirements of this chapter at the
discretion of the developer.
4.
Streets that are part of a street construction plan approved by the department
prior to February 1, 2012, shall be considered for acceptance in accordance
with the applicable former requirements. However, such streets may be
considered for acceptance under requirements of this chapter at the discretion
of the developer.
5. If requested
by the applicable locality, the applicable former requirements shall apply if
the applicant has submitted at a minimum a conceptual sketch that includes all
of the elements required under
24VAC30-92-70 A prior to February
1, 2012. Subdivisions 1 through 4 of this subsection shall take precedence over
this subdivision in any instances of a conflict.
C. Effective date. All streets proposed for
acceptance by the department after January 1, 2012, shall be considered for
acceptance in accordance with this chapter, except as provided for in this
section and as may be waived by the commissioner pursuant to this
chapter.
D. Transition. Prior to
February 1, 2012, the department will consider complete plats and plans
developed in accordance with the applicable former requirements or these
requirements. Any plat or plan initially submitted to the department for
consideration after January 31, 2012, however, shall be in accordance with
these requirements.
Notes
24 Va. Admin. Code §
30-92-20
Derived from Virginia
Register Volume 25, Issue 15, eff. March 9, 2009; amended, Virginia Register
Volume 28, Issue 8, eff. December 31, 2011; Amended,
Virginia
Register Volume 31, Issue 07, eff.
12/31/2014.
Statutory Authority: § 33.2-210 of the Code of
Virginia.
The
amended version of this section by
Virginia
Register Volume 40, Issue 19, eff.
5/6/2024 is not yet
available.