Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 92 - SECONDARY STREET ACCEPTANCE REQUIREMENTS › Section 24VAC30-92-20 - Applicability, effective date, and transition

Current through Register Vol. 40, No. 24, July 15, 2024
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.