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.
1989, c. 485, § 15.1-498.4; 1992, c. 465; 1997, c. 587; 2007, c. 896.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 22 - Planning, Subdivision of Land and Zoning
§ 15.2-2200. Declaration of legislative intent
§ 15.2-2202. Duties of state agencies; electric utilities
§ 15.2-2205. Additional notice of planning or zoning matters
§ 15.2-2206. When locality may require applicant to give notice; how given
§ 15.2-2207. Public notice of juvenile residential care facilities in certain localities
§ 15.2-2208. Restraining violations of chapter
§ 15.2-2209. Civil penalties for violations of zoning ordinance
§ 15.2-2209.1. Extension of approvals to address housing crisis
§ 15.2-2209.1:1. Extension of approvals to address the COVID-19 pandemic
§ 15.2-2209.2. Public infrastructure maintenance bonds
§ 15.2-2211. Cooperation of local planning commissions and other agencies
§ 15.2-2215. Quorum majority vote
§ 15.2-2217. Officers, employees and consultants; expenditures; rules and records; special surveys
§ 15.2-2218. County planning commission serving as commission of town
§ 15.2-2219. Joint local planning commissions
§ 15.2-2220. Duplicate planning commission authorized for certain local governments
§ 15.2-2221. Duties of commissions
§ 15.2-2222. Expenditures; gifts and donations
§ 15.2-2222.1. Coordination of state and local transportation planning
§ 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose
§ 15.2-2223.1. Comprehensive plan to include urban development areas
§ 15.2-2223.2. Comprehensive plan to include coastal resource management guidance
§ 15.2-2223.4. Comprehensive plan shall provide for transit-oriented development
§ 15.2-2223.5. Comprehensive plan shall address manufactured housing
§ 15.2-2224. Surveys and studies to be made in preparation of plan; implementation of plan
§ 15.2-2226. Adoption or disapproval of plan by governing body
§ 15.2-2227. Return of plan to local planning commission; resubmission
§ 15.2-2228. Adoption of parts of plan
§ 15.2-2230. Plan to be reviewed at least once every five years
§ 15.2-2230.1. Public facilities study
§ 15.2-2232. Legal status of plan
§ 15.2-2233. Maps to be prepared in localities; what map shall show
§ 15.2-2234. Adoption; filing in office of clerk of court
§ 15.2-2235. Additions and modifications
§ 15.2-2236. Periodic review and readoption
§ 15.2-2238. Authority of counties under Article 2 (§ 33.2-705 et seq.) of Chapter 7 not affected
§ 15.2-2240. Localities to adopt ordinances regulating subdivision and development of land
§ 15.2-2241. Mandatory provisions of a subdivision ordinance
§ 15.2-2242. Optional provisions of a subdivision ordinance
§ 15.2-2243. Payment by subdivider of the pro rata share of the cost of certain facilities
§ 15.2-2243.1. Payment by developer or subdivider
§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member
§ 15.2-2244.1. Additional method for subdivision of a lot for conveyance to a family member
§ 15.2-2244.2. Subdivision of a lot of property held in trust for a family member
§ 15.2-2245. Provisions for periodic partial and final release of certain performance guarantees
§ 15.2-2245.1. Stormwater management ponds; removal of trees
§ 15.2-2246. Site plans submitted in accordance with zoning ordinance
§ 15.2-2247. Applicability of subdivision ordinance to manufactured homes
§ 15.2-2249. Application of county subdivision regulations in area subject to municipal jurisdiction
§ 15.2-2250. Disagreement between county and municipality as to regulations
§ 15.2-2252. Filing and recording of ordinance and amendments thereto
§ 15.2-2253. Preparation and adoption of amendments to ordinance
§ 15.2-2254. Statutory provisions effective after ordinance adopted
§ 15.2-2255. Administration and enforcement of regulations
§ 15.2-2256. Procedure to account for fees for common improvements
§ 15.2-2257. Procedure to modify certain covenants in Shenandoah County
§ 15.2-2258. Plat of proposed subdivision and site plans to be submitted for approval
§ 15.2-2259. Local planning commission to act on proposed plat
§ 15.2-2260. Localities may provide for submission of preliminary subdivision plats; how long valid
§ 15.2-2261. Recorded plats or final site plans to be valid for not less than five years
§ 15.2-2261.1. Recorded plat or final site plans; conflicting zoning conditions
§ 15.2-2262. Requisites of plat
§ 15.2-2263. Expedited land development review procedure
§ 15.2-2266. Validation of certain plats recorded before January 1, 1975
§ 15.2-2267. Petition to restrict access to certain public streets
§ 15.2-2268. Localities not obligated to pay for grading, paving, etc.
§ 15.2-2269. Plans and specifications for utility fixtures and systems to be submitted for approval
§ 15.2-2270. Vacation of interests granted to a locality as a condition of site plan approval
§ 15.2-2271. Vacation of plat before sale of lot therein; ordinance of vacation
§ 15.2-2272. Vacation of plat after sale of lot
§ 15.2-2273. Fee for processing application under § 15.2-2271 or § 15.2-2272
§ 15.2-2274. Effect of vacation under § 15.2-2272
§ 15.2-2275. Relocation or vacation of boundary lines
§ 15.2-2276. Duty of clerk when plat vacated
§ 15.2-2278. Vacating plat of subdivision
§ 15.2-2279. Ordinances regulating the building of houses and establishing setback lines
§ 15.2-2280. Zoning ordinances generally
§ 15.2-2281. Jurisdiction of localities
§ 15.2-2282. Regulations to be uniform
§ 15.2-2283. Purpose of zoning ordinances
§ 15.2-2283.1. Prohibition of sexual offender treatment office in residentially zoned subdivision
§ 15.2-2284. Matters to be considered in drawing and applying zoning ordinances and districts
§ 15.2-2285. Preparation and adoption of zoning ordinance and map and amendments thereto; appeal
§ 15.2-2286.1. Provisions for clustering of single-family dwellings so as to preserve open space
§ 15.2-2287. Localities may require oath regarding property interest of local officials
§ 15.2-2287.1. Disclosures in land use proceedings
§ 15.2-2288. Localities may not require a special use permit for certain agricultural activities
§ 15.2-2288.1. Localities may not require a special use permit for certain residential uses
§ 15.2-2288.2. Localities may not require special use permit for certain temporary structures
§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities
§ 15.2-2288.3:1. Limited brewery license; local regulation of certain activities
§ 15.2-2288.3:2. Limited distiller's license; local regulation of certain activities
§ 15.2-2288.4. Extension of expiration dates for special use permits
§ 15.2-2288.5. Meaning of "cemetery" for purposes of zoning
§ 15.2-2288.6. Agricultural operations; local regulation of certain activities
§ 15.2-2288.7. Local regulation of solar facilities
§ 15.2-2288.8. Special exceptions for solar photovoltaic projects
§ 15.2-2289. Localities may provide by ordinance for disclosure of real parties in interest
§ 15.2-2290. Uniform regulations for manufactured housing
§ 15.2-2291. Assisted living facilities and group homes of eight or fewer; single-family residence
§ 15.2-2292. Zoning provisions for family day homes
§ 15.2-2292.1. Zoning provisions for temporary family health care structures
§ 15.2-2293. Airspace subject to zoning ordinances
§ 15.2-2293.1. Placement of amateur radio antennas
§ 15.2-2293.2. Regulation of helicopter use
§ 15.2-2294. Airport safety zoning
§ 15.2-2295.1. Regulation of mountain ridge construction
§ 15.2-2295.2. Dam break inundation zones
§ 15.2-2296. Conditional zoning; declaration of legislative policy and findings; purpose
§ 15.2-2297. Same; conditions as part of a rezoning or amendment to zoning map
§ 15.2-2299. Same; enforcement and guarantees
§ 15.2-2301. Same; petition for review of decision
§ 15.2-2302. Same; amendments and variations of conditions
§ 15.2-2303. Conditional zoning in certain localities
§ 15.2-2303.1. Development agreements in certain counties
§ 15.2-2303.1:1. When certain cash proffers collected or accepted
§ 15.2-2303.2. Proffered cash payments and expenditures
§ 15.2-2303.3. Cash proffers requested or accepted by a locality
§ 15.2-2303.4. Provisions applicable to certain conditional rezoning proffers
§ 15.2-2304. Affordable dwelling unit ordinances in certain localities
§ 15.2-2305. Affordable dwelling unit ordinances
§ 15.2-2305.1. Affordable housing dwelling unit ordinances
§ 15.2-2306. Preservation of historical sites and architectural areas
§ 15.2-2306.1. Creation of working waterfront development areas
§ 15.2-2307. Vested rights not impaired; nonconforming uses
§ 15.2-2307.1. Protection of established commercial fishing operations
§ 15.2-2308. Boards of zoning appeals to be created; membership, organization, etc.
§ 15.2-2308.1. Boards of zoning appeals, ex parte communications, proceedings
§ 15.2-2309. Powers and duties of boards of zoning appeals
§ 15.2-2310. Applications for special exceptions and variances
§ 15.2-2312. Procedure on appeal
§ 15.2-2313. Proceedings to prevent construction of building in violation of zoning ordinance
§ 15.2-2314. Certiorari to review decision of board
§ 15.2-2315. Conflict with statutes, local ordinances or regulations
§ 15.2-2316. Validation of zoning ordinances prior to 1971
§ 15.2-2316.2. Localities may provide for transfer of development rights
§ 15.2-2316.4. Zoning; small cell facilities
§ 15.2-2316.4:1. Zoning; other wireless facilities and wireless support structures
§ 15.2-2316.4:2. Application reviews
§ 15.2-2316.4:3. Additional provisions
§ 15.2-2316.5. Moratorium prohibited
§ 15.2-2316.7. Negotiations; siting agreement
§ 15.2-2316.8. Powers of host localities
§ 15.2-2316.9. Effect of executed siting agreement; land use approval
§ 15.2-2317. Applicability of article
§ 15.2-2319. Authority to assess and impose impact fees
§ 15.2-2320. Impact fee service areas to be established
§ 15.2-2321. Adoption of road improvements program
§ 15.2-2322. Adoption of impact fee and schedule
§ 15.2-2323. When impact fees assessed and imposed
§ 15.2-2324. Credits against impact fee
§ 15.2-2325. Updating plan and amending impact fee
§ 15.2-2327. Refund of impact fees