Section 20. Applicability, effective date, and transition

A. Applicability. This regulation is intended to govern subdivision street development and the criteria for acceptance of these streets by the department for subsequent maintenance. The Subdivision Street Design Guide (24VAC30-91-160) offers guidance on the design and construction features of subdivision street development and sets out design parameters deemed appropriate for most land development scenarios. However, the business of land development is fluid and the department, in consultation with local government officials, is prepared to consider innovative transportation approaches associated with land development proposals that are consistent with the geometric requirements of the Subdivision Street Design Guide (24VAC30-91-160). However, when not specifically addressed in one of these documents, the relevant requirements of the Road Design Manual (24VAC30-91-160), standards, specifications, Pavement Design Guide (24VAC30-91-160) and associated instructions shall govern.

These requirements apply to all subdivision streets designated to be maintained by the department as part of the secondary system of state highways. 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 others may be reviewed for general guidance at the discretion of the resident engineer 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.

If a subdivision plan with streets proposed for VDOT acceptance includes any streets that are not initially intended to be accepted for maintenance by the department as part of the secondary system, the plan must include a notation identifying these streets. In the absence of this notation, the plans will not be approved. It is also recommended that any streets proposed to be privately maintained also have a notation on the plat and impacted deeds that clearly indicate that as a prerequisite for the streets future acceptance, the streets must be improved to the department's prevailing standards for acceptance at no cost to the department.

B. Effective date. All streets proposed for acceptance by the department after January 1, 2005, shall be accepted in accordance with these provisions, except as may be waived by the commissioner or his designee.

C. Transition. Prior to July 1, 2005, the department will allow the design of streets developed in accordance with either the former requirements (1996) or these requirements. Any street design initially submitted to the department for consideration after June 30, 2005, however, shall be in accordance with these requirements.

Historical Notes

Derived from Volume 21, Issue 06, eff. January 1, 2005.

Statutory Authority

§§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.