CODE OF VIRGINIA

ADOPTION OF ROAD IMPROVEMENTS PROGRAM (§ 15.2-2321)

Prior to adopting a system of impact fees, the locality shall conduct an
assessment of road improvement needs benefiting an impact fee service area and
shall adopt a road improvements plan for the area showing the new roads proposed
to be constructed and the existing roads to be improved or expanded and the
schedule for undertaking such construction, improvement or expansion. The road
improvements plan shall be adopted as an amendment to the required comprehensive
plan and shall be incorporated into the capital improvements program or, in the
case of the counties where applicable, the six-year plan for secondary highway
construction pursuant to § 33.2-331.The locality shall adopt the road
improvements plan after holding a duly advertised public hearing. The public
hearing notice shall identify the impact fee service area or areas to be
designated, and shall include a summary of the needs assessment and the
assumptions upon which the assessment is based, the proposed amount of the
impact fee, and information as to how a copy of the complete study may be
examined. A copy of the complete study shall be available for public inspection
and copying at reasonable times prior to the public hearing.The locality at a
minimum shall include the following items in assessing road improvement needs
and preparing a road improvements plan:

   1.  An analysis of the existing capacity, current usage and existing
   commitments to future usage of existing roads, as indicated by (i) current and
   projected service levels, (ii) current valid building permits outstanding, and
   (iii) approved and pending site plans and subdivision plats. If the current
   usage and commitments exceed the existing capacity of the roads, the locality
   also shall determine the costs of improving the roads to meet the demand. The
   analysis shall include any off-site road improvements or cash payments for
   road improvements accepted by the locality and shall include a plan to fund
   the current usages and commitments that exceed the existing capacity of the
   roads.

   2.  The projected need for and costs of construction of new roads or
   improvement or expansion of existing roads attributable in whole or in part to
   projected new development. Road improvement needs shall be projected for the
   impact fee service area when fully developed in accord with the comprehensive
   plan and, if full development is projected to occur more than 20 years in the
   future, at the end of a 20-year period. The assumptions with regard to land
   uses, densities, intensities, and population upon which road improvement
   projections are based shall be presented.

   3.  The total number of new service units projected for the impact fee service
   area when fully developed and, if full development is projected to occur more
   than 20 years in the future, at the end of a 20-year period. A “service
   unit” is a standardized measure of traffic use or generation. The
   locality shall develop a table or method for attributing service units to
   various types of development and land use, including but not limited to
   residential, commercial and industrial uses. The table shall be based upon the
   ITE manual (published by the Institute of Transportation Engineers) or locally
   conducted trip generation studies, and consistent with the traffic analysis
   standards adopted pursuant to § 15.2-2222.1.

HISTORY: 1989, c. 485, § 15.1-498.4; 1992, c. 465; 1997, c. 587; 2007, c. 896.