24VAC30-92 Secondary Street Acceptance Requirements

REGULATIONS

Vol. 25 Iss. 15 - March 30, 2009

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Chapter 92

Final Regulation

REGISTRAR'S NOTICE: Chapter 382 of the 2007 Acts of Assembly exempts the Commonwealth Transportation Board from the Administrative Process Act (§ 2.2-4000 et seq.) for the purpose of promulgating the initial regulations establishing secondary street acceptance requirements. The exemption does not apply to subsequent regulations or amendments thereto promulgated by the board.

Title of Regulation: 24VAC30-92. Secondary Street Acceptance Requirements (adding 24VAC30-92-10, 24VAC30-92-20, 24VAC30-92-30, 24VAC30-92-40, 24VAC30-92-50, 24VAC30-92-60, 24VAC30-92-70, 24VAC30-92-80, 24VAC30-92-90, 24VAC30-92-100, 24VAC30-92-110, 24VAC30-92-120, 24VAC30-92-130, 24VAC30-92-140, 24VAC30-92-150).

Statutory Authority: § 33.1-70.3 of the Code of Virginia.

Effective Date: March 9, 2009.

Agency Contact: Robert W. Hofrichter, Assistant Division Administrator, Department of Transportation, Maintenance Division, Monroe Building, 1401 East Broad Street, 19th Floor, Richmond, VA 23219, (804) 786-0780, FAX [phone], or email [e-mail].

Background:

Pursuant to Chapter 382 of the 2007 Acts of Assembly, the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) do not apply to initial promulgation of the regulation. However, Chapter 382 required that the board solicit and consider public comment in the development of this regulation. To this end, the board published a Notice of Intended Regulatory Action on June 11, 2007, and a proposed regulation on April 14, 2008. Following the publication of the proposed regulation, four public hearings were held throughout the state, and public comments were accepted through June 30, 2008. In addition more than 22 regional public meetings with stakeholders were held throughout 2008. These public comments were used to further refine the regulation and address outstanding concerns.

The regulation was developed in consultation with a VDOT internal technical committee established by the commissioner and an implementation advisory committee established by the secretary of transportation. The implementation advisory committee consisted of stakeholders from the development community, local governments, planning district commissions, environmental organizations and other stakeholders. Input and feedback from the Virginia Chapter of the American Planning Association, developers, planning district commissions and the general public were also considered.

Summary:

This regulation sets forth the requirements applicable to all streets in the Commonwealth that are designated to become part of the secondary system of state highways, including procedures for approval and criteria used to consider the acceptance of new streets for maintenance as part of the secondary system. (Note: This regulation does not apply to the counties of Arlington or Henrico, which maintain their own roads, but the pavement and right-of-way widths may apply in the independent cities or towns with populations greater than 3,500, pursuant to § 33.1-41.1 of the Code of Virginia.)

Chapter 382 of the 2007 Acts of Assembly requires that the Commonwealth Transportation Board include several provisions in the regulation. These mandatory provisions are as follows:

1. Requirements to ensure the connectivity of road and pedestrian networks with the existing and future transportation network;

2. Provisions to minimize stormwater runoff and impervious surface area; and

3. Provisions for performance bonding of new secondary streets and associated cost recovery fees.

Changes made to the regulation between the publication of the proposed version and submittal of the final version for publication include the following:

1. List of defined terms has been revised with some terms removed (such as “link” and “node”), some added (such as “conceptual sketch” and “municipal separate storm sewer”), and some revised (such as “developer” and “intersection”);

2. Subjects in the existing regulation have been relocated (such as requirements placed on local governing bodies or metropolitan planning organizations concerning modifications or area type designations);

3. Provisions concerning grandfathering, effective dates, and transitioning have been revised;

4. Provisions contained in “public service requirements” in 24VAC30-92-60 have been revised to provide additional detail as it relates to individual streets; multifamily, townhouse and retail shopping complexes; rural standards; etc.; and

5. Subjects in the existing regulation have been revised (such as pedestrian accommodations and connectivity index) or added (such as stormwater management, traffic control, and speed limits).

CHAPTER 92
SECONDARY STREET ACCEPTANCE REQUIREMENTS

24VAC30-92-10. Definitions.

The following words and terms when used in these regulations shall have the following meanings unless the context clearly indicates otherwise:

"Abandonment" in all its forms means the legislative action reserved for and granted to the local governing body to extinguish the public's right to a roadway under the jurisdiction of the Virginia Department of Transportation pursuant to §§ 33.1-151 and 33.1-155 of the Code of Virginia.

"Accessible route" means a [ public or private ] continuous unobstructed, stable, firm and slip-resistant path connecting all accessible elements of a facility (which may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps and lifts) that can be approached, entered and used by persons with disabilities. An accessible route shall, to the maximum extent feasible, coincide with the route for the general public.

"ADT" means average daily traffic count (see "projected traffic").

"Alley" means a narrow roadway segment used by motor vehicles for access to the rear side of commercial or residential land use, or access to auxiliary land uses and that is located within a dedicated public way [ or public easement ] .

"Clear zone" means the total border area of a roadway including, if any, parking lanes or [ shared use path planting strips ] that is sufficiently wide for an errant vehicle to avoid a serious accident. (See the Road Design Manual and the Subdivision Street Design Guide (see [ 24VAC30-92-160. 24VAC30-92-150) for details. ])

"Commissioner" means the chief executive officer of the Virginia Department of Transportation or his designee.

"Complete development (land)" means the utilization of the available areas in a manner as to realize its highest density for the best potential use based on zoning, pending rezoning, the adopted comprehensive plan of the governing body, or the customary use of similar parcels of land.

"Complete development (streets)" means the development of a [ subdivision ] street in full compliance with all applicable provisions of these regulations to the necessary standards of design, construction, and public benefit requirements for the effective and efficient accommodation of all modes of transportation generated by the complete development of the land, both internal and external to the development.

[ “Conceptual sketch” means a drawing of the proposed development showing the location of existing and proposed land uses, any existing and proposed transportation facilities, and any additional information required so that the reviewer can determine the appropriate functional classification of the proposed street or streets and verify the calculation of the connectivity index, if appropriate. ]

"Connectivity index" means the number of [ links street segments ] divided by the number of [ nodes intersections ]. Only [ links and nodes street segments and intersections ] within a network addition [ as well as any street segment or intersection outside of the network addition connected to street segments within the network addition, or that has been connected or will be connected pursuant to 24VAC30-92-60 C 7 to the network addition through the extension of an existing stub out ] shall be used to calculate a network addition's connectivity index.

"Cul-de-sac" means a street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.

"Dam" means an embankment or structure intended or used to impound, retain, or store water, either as a permanent pond or as a temporary storage facility.

"Department" or "VDOT" means the Virginia Department of Transportation.

"Design speed" means a speed selected for purposes of design and correlation of those features of a street such as curvature, super elevation, and sight distance, upon which the safe operation of vehicles is dependent.

"Developer" means an individual, corporation, [ local government, ] or registered partnership engaged in the subdivision [ , improvement, or renovation ] of land.

"Director of the [ Asset Management Maintenance ] Division" means the department employee, his successor or his designee, responsible for overseeing all programs administered by the [ Asset Management Maintenance ] Division, including these requirements and the final acceptance of streets as part of the secondary system of state highways maintained by the department.

"Discontinuance," in all its forms, means the legislative act of the Commonwealth Transportation Board, pursuant to § 33.1-150 of the Code of Virginia, that determines that a road no longer serves public convenience warranting its maintenance with funds at the disposal of the department.

"District administrator" means the department employee assigned the overall supervision of the departmental operations in one of the Commonwealth's [ nine ] construction districts.

"District administrator's designee" means the department employee or employees designated by the district administrator to oversee the implementation of this regulation.

"Drainage Manual" means the department's Drainage Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

"Dwelling unit" means a structure or part of a structure containing sleeping, kitchen, and bathroom facilities that is suitable for occupancy as a home or residence by one or more persons.

"Easement" means a grant of a right to use property of an owner for specific [ , or ] limited [ use or ] purpose.

"External [ link street segment ] " means a [ link street segment ] within a network addition that connects with the existing public street network.

[ "FAR" means floor area ratio, which is the ratio of the total floor area of a building or buildings on a parcel to the size of the parcel where the building or buildings are located. ]

"Functional classification" means the assigned classification of a roadway based on the roadway's intended purpose of providing priority to through traffic movement and access to adjoining property as determined by the department, based on the federal system of classifying groups of roadways according to the character of service they are intended to provide.

"Governing body" means the board of supervisors of the county, but may also mean the local governing body of a town or city, if appropriate, in the application of these requirements.

"Intersection" means [ the a ] juncture of [ two or more streets at which point there are ] three or more [ links street segments, or the terminus of a street segment, such as a cul-de-sac or other dead end. The terminus of a stub out shall not constitute an intersection for the purposes of this chapter. The juncture of a street with only a stub out, and the juncture of a street with only a connection to the end of an existing stub out, shall not constitute an intersection for the purposes of this chapter, unless such stub out is the only facility providing service to one or more lots within the development ].

[ "Land Use Permit Manual" means the department's Land Use Permit Manual (see 24VAC30-92-160). ]

"Level of service" means a qualitative measure describing operational conditions within a vehicular traffic stream, and their perception by motorists and passengers. For the purposes of these requirements, the applicable provisions of the Highway Capacity Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ] shall serve as the basis for determining "levels of service."

"Level terrain" means that condition where highway sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made so without construction difficulty or major expense.

[ "Link" means (i) a segment of roadway, alley or rear lane that is between two nodes or (ii) a stub out or connection to an existing stub out. ]

"Locally controlled grade separation structure" means a grade separation structure that does not qualify for maintenance by the department but was established within the right-of-way of a street intended for state maintenance.

"Local official" means the representative of the governing body appointed to serve as its agent in matters relating to subdivisions [ and land development ].

"Multiuse trail" means a facility designed and constructed for the purpose of providing bicycle and pedestrian transportation [ that is , located ] within a dedicated public way and is anticipated to be maintained by an entity other than the department.

[ "Municipal separate storm sewer system" or "MS4" means all separate storm sewers that are designated under 4VAC50-60-380 A 1 as municipal separate storm sewer systems located in census urban areas.

"Municipal Separate Storm Sewer System Management Program" or "MS4 Program" means a management program covering the duration of a permit for a municipal separate storm sewer system that includes a comprehensive planning process that involves public participation and intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and corresponding regulations and the Virginia Stormwater Management Act and attendant regulations, using management practices, control techniques, and system, design and engineering methods, and such other provisions that are appropriate. ]

"Network addition" means a group of interconnected [ links and nodes street segments and intersections ] shown in a plan of development [ that are connected to the state highway system ].

[ "Node" means an intersection of three or more links, or the terminus of a link, such as a cul-de-sac or other dead end. The terminus of a stub out shall not constitute a node for the purposes of this chapter. The intersection of a street with only a stub out, and the intersection of a street with only a connection with an existing stub out shall not constitute a node for the purposes of this chapter, unless such stub out provides service to lots within the development. ]

"Parking bay" means an off-street area for parking two or more vehicles that provides access to a public street.

"Parking lane" means an area, generally seven or eight feet in width, adjacent to and parallel with the travel lane of a roadway that is used for parking vehicles.

"Pavement Design Guide" means the Pavement Design Guide for Subdivision and Secondary Roads in Virginia (see [ 24VAC30-92-160) 24VAC30-92-150) ].

[ "Permit Manual" means the department's Land Use Permit Manual (see 24VAC30-92-150). ]

"Phased development (streets)" means the method outlined in 24VAC30-92-80 (phased development of [ subdivision ] streets) whereby the acceptance of certain [ subdivision ] streets into the secondary system of state highways may be considered before being completely developed in accordance with all applicable requirements (e.g., two lanes of a four-lane facility are considered for acceptance in advance of lanes three and four being finished).

"Plan of development" means any site plat, subdivision [ plat plan ], preliminary subdivision plat, conceptual subdivision sketch [ , ] or other engineered or surveyed drawings depicting proposed development of land and street layout, including plans included with rezoning proposals.

"Plans" means the standard drawings, including profile and roadway typical section, that show the location, character, dimensions [ , ] and details for the proposed construction of the street.

"Planting strip" means a section of land between the curb face and the pedestrian accommodation or shared use path.

"Plat" means the schematic representation of the land divided or to be divided.

"Projected traffic" means the number of vehicles, normally expressed in average daily traffic (ADT), forecast to travel over the segment of the street involved.

"Public street" means a street dedicated to public use and available to the public's unrestricted use without regard to the jurisdictional authority responsible for its operation and maintenance.

"Requirements" means the design, construction, public benefit, and related administrative considerations herein prescribed for the acceptance of a [ subdivision ] street for maintenance by the department as part of the secondary system of state highways.

"Right-of-way" means the land, property, or interest therein, usually in a strip, acquired for or devoted to a public street designated to become part of the secondary system of state highways.

"Roadway" means the portion of the road or street within the limits of construction and all structures, ditches, channels, etc., necessary for the correct drainage thereof.

"Secondary system of state highways" means those public roads, streets, bridges, etc., established by a local governing body pursuant to § 33.1-229 of the Code of Virginia and subsequently accepted by the department for supervision and maintenance under the provisions of Articles 6 (§ 33.1-67 et seq.) and 11 (§ 33.1-150 et seq.) of Chapter 1 of Title 33.1 of the Code of Virginia.

"Shared use path" means a facility that is designed and constructed according to the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ], for the purpose of providing bicycle and pedestrian transportation.

[ "Specifications" means the department's Road and Bridge Specifications (see 24VAC30-92-160), including related supplemental specifications and special provisions. ]

"Smoothed urbanized area boundary" means the modified area boundary of [ a ] census urbanized area as determined by the latest U.S. decennial census and modified by appropriate state, regional [ , ] and local government officials, and approved by the Federal Highway Administration.

"Smoothed urban cluster boundary" means the modified area boundary of a census urban cluster as determined by the latest U.S. decennial census and modified by appropriate state, regional and local government officials, and approved by the Federal Highway Administration.

[ "Specifications" means the department's Road and Bridge Specifications (see [ 24VAC30-92-160) 24VAC30-92-150) ], including related supplemental specifications and special provisions. ]

"Standards" means the applicable drawings and related criteria contained in the department's Road and Bridge Standards (see [ 24VAC30-92-160) 24VAC30-92-150) ].

[ "Street" means any roadway that is created as part of a plan of development, other subdivision of land, or is constructed by or at the direction of the local governing body and is a public way for purposes of vehicular traffic, including the entire area within the right-of-way.

"Street segment" means (i) a section of roadway or alley that is between two intersections or (ii) a stub out or connection to the end of an existing stub out. ]

"Stub out" means a transportation facility (i) whose right-of-way terminates at a parcel abutting the development, (ii) that consists of a short segment that is intended to serve current and future development by providing continuity and connectivity of the public street network, (iii) that based on the spacing between the stub out and other streets or stub outs, and the current terrain there is a reasonable expectation that connection with a future street is possible, and (iv) that is constructed to [ at least the end of the radius of the intersection with the adjoining street and the right-of-way is graded and dedicated to ] the property line.

"Subdivision" means the division of a lot, tract, or parcel into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Any resubdivision of a previously subdivided tract or parcel of land shall also be interpreted as a "subdivision." The division of a lot or parcel permitted by § 15.2-2244 of the Code of Virginia will not be considered a "subdivision" under this definition, provided no new road or street is thereby established. However, any further division of such parcels shall be considered a "subdivision."

[ "Street" means any street segment that is created as part of a plan of development, other subdivision of land, or is constructed by or at the direction of the local governing body and is a public way for purposes of vehicular traffic, including the entire area within the right-of-way. ]

"Subdivision Street Design Guide" means Appendix B of the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

"Swale" means a broad depression within which stormwater may drain during inclement weather, but that does not have a defined bed or banks.

"Traveled way" means the portion of the secondary street designated for the movement of vehicles, exclusive of shoulders, parking areas, turn lanes, etc.

"Tree well" means an opening on a sidewalk, generally abutting the curb, where a tree may be planted.

"VPD" means vehicles per day.

"VPH" means vehicles per hour.

"Watercourse" means a [ definite defined ] channel with bed and banks within which water flows, either continuously or [ in season periodically ].

24VAC30-92-20. Applicability, effective date, and transition.

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 and the Subdivision Street Design Guide (see [ 24VAC30-92-160) offers 24VAC30-92-150) 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 (see [ 24VAC30-92-160) 24VAC30-92-150) ]. However, when not specifically addressed in one of those documents, the relevant requirements of the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ], standards, specifications, Pavement Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ] 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. 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 § 33.1-72.2 of the Code of Virginia.

B. [ Vesting and grandfathering 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 [ the effective date of this regulation March 9, 2009, ] shall 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 [ subdivision grandfathering ] shall not apply to any streets where the proffered layout may be adjusted, without requiring a significant affirmative governmental [ act 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 March 9, 2009. In such instances the grandfathering shall apply to the applicable site plan, subdivision plat, or preliminary subdivision plat ]. However, such streets may be considered for acceptance under requirements of this chapter at the discretion of the developer.

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 §§ 15.2-2286 and 15.2-2241 through 15.2-2245 of the Code of Virginia prior to [ [the effective date of this regulation] July 1, 2009, ] 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 §§ 15.2-2286 and 15.2-2241 through 15.2-2245 of the Code of Virginia prior to [ [the effective date of this regulation] July 1, 2009, ] 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 [ [the effective date of this regulation] July 1, 2009, ] 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. When the local governing body takes an action that modifies the applicable area types [ (see 24VAC30-92-50 for further details on area type) ] within such locality [ or the applicable area type changes due to adjustments in smoothed urbanized areas, urban cluster boundaries, or metropolitan planning organization study area boundaries ], the following shall apply [ for development proposals approved after March 9, 2009 ].

a. Streets where the layout was proffered pursuant to § 15.2-2297, 15.2-2298, or 15.2-2303 of the Code of Virginia prior to the modification of the applicable area type shall be considered for acceptance in accordance with the requirements of the former area type for a period of up to 10 years, provided the requirements of § 15.2-2307 of the Code of Virginia have been met. [ This subsection 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 March 9, 2009. In such instances the grandfathering shall apply to the applicable site plan, subdivision plat, or preliminary subdivision plat. ] However, such streets may be considered for acceptance under [ requirements of this chapter the modified applicable area type ] at the discretion of the developer.

b. Streets that are part of recorded plat or final site plan pursuant to § 15.2-2261 of the Code of Virginia approved prior to the modification of the applicable area type shall be considered for acceptance in accordance with the requirements of the former area type for a period of up to five years [ or such longer period as such recorded plat or final site plan is valid under applicable law ]. However, such streets may be considered for acceptance under [ requirements of this chapter the modified applicable area type ] at the discretion of the developer.

c. Streets that are part of preliminary subdivision plat pursuant to § 15.2-2260 of the Code of Virginia approved prior to the modification of the applicable area type shall be considered for acceptance in accordance with the requirements of the former area type for a period of up to five years [ or such longer period as such preliminary subdivision plat is valid under applicable law. Such grandfathering shall apply to future construction plans, site plans [ , ] and final plats approved in furtherance of such preliminary plat for so long as such plans or plats remain valid under applicable law ]. However, such streets may be considered for acceptance under [ requirements of this chapter the modified applicable area type ] at the discretion of the developer.

d. Streets that are part of a street construction plan approved by the department prior to the modification of the applicable area type shall be considered for acceptance in accordance with the requirements of the former area type for a period of up to five years. However, such streets may be considered for acceptance under [ requirements of this chapter the modified applicable area type ] at the discretion of the developer.

[ 6. If requested by the applicable locality, the provisions of this subsection 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 July 1, 2009. Subdivisions 1 through 5 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 [ [Month XX, 200X,] March 9, 2009, ] shall be considered for acceptance in accordance with [ these provisions this chapter ], except as [ provided for in subsection D of this section and as ] may be waived by the commissioner pursuant to this chapter.

D. Transition. Prior to [ [Month ZZ, 200Z,] July 1, 2009, ] the department will [ allow the design of streets consider complete plats and plans ] developed in accordance with either the former requirements or these requirements. Any [ street design plat or plan ] initially submitted to the department for consideration after [ [Month YY, 200Y,] June 30, 2009, ] however, shall be in accordance with these requirements.

24VAC30-92-30. Local subdivision ordinances.

Exemptions or variances in local ordinances. Any requirements of ordinances adopted by the governing body that are not in conflict with these provisions shall become the department's requirements in that locality and govern. [ The department does not recognize any provision of an ordinance adopted by the governing body that exempts the development of streets from these requirements. Consequently, any Any ] street proposed for addition to the secondary system of state highways maintained by the department shall comply with applicable requirements as herein provided or the local ordinance, when such provisions are not in conflict with this chapter.

24VAC30-92-40. Continuity of public street system.

The continuity of a publicly maintained street system is a prerequisite to the addition of any street or network addition into the secondary system of state highways.

A street or network addition may only be accepted into the secondary system of state highways for state maintenance if it is the continuation of the network of public streets whose maintenance has been officially accepted by the department or, if appropriate, a city, town or county, and such street or network addition meets the requirements of this chapter.

24VAC30-92-50. Area type thresholds.

[ A. The local governing body or metropolitan planning organization shall provide the department with a copy of any duly adopted ordinance or resolution that modifies the area type designations within such locality based on the thresholds in this section as well as maps that show the affected areas as soon as practicable. Modifications to the area type designations based on any ordinance or resolution duly adopted between January 1 and June 30 of any year by a locality or metropolitan planning organization shall become effective on July 1 of that year. Modifications to the area type designations based on any ordinance or resolution duly adopted between July 1 and December 31 of any year shall become effective on January 1 of the next year.

B. A. ] Area type thresholds. There are three area types established for secondary streets in the Commonwealth. Within each area type, streets must meet the applicable design and public benefit requirements to be eligible for acceptance into the secondary system of state highways. For the purposes of this chapter the following area types shall determine the design and public benefit requirements that apply to streets and network additions.

1. Compact Area Type. The Compact Area Type shall apply when any part of a network addition meets one or more of the following criteria:

a. Located within a locally designated urban development area pursuant to § 15.2-2223.1 of the Code of Virginia, or within an area designated by an adopted local comprehensive plan pursuant to § 15.2-2223 of the Code of Virginia as a village, town [ , ] or other growth area;

b. Located within a smoothed urbanized area boundary;

c. Located within an area designated by the local government, by ordinance or by the adopted local comprehensive plan pursuant to § 15.2-2223 of the Code of Virginia, to be subject to the Compact Area Type requirements of this chapter [ provided such area is designated in the adopted local comprehensive plan as an area for compact development with median lot sizes no greater than 1/2 acre ];

d. Located within a locally designated transfer of development rights receiving area pursuant to § 15.2-2316.1 of the Code of Virginia; or

e. Located within a smoothed urban cluster boundary.

2. Suburban Area Type. The Suburban Area Type shall apply when any part of a network addition meets one or more of the following criteria and does not meet any of the Compact Area Type criteria:

a. Located outside a smoothed urbanized area boundary but within an official Metropolitan Planning Organization Study Area;

b. Located within a two-mile radius of a locally designated urban development area pursuant to § 15.2-2223.1 of the Code of Virginia;

c. Located within a two-mile radius of a smoothed urban cluster boundary;

d. Located within a locally designated cluster development pursuant to § 15.2-2286.1 of the Code of Virginia; or

e. Located within an area not subject to the Compact Area Type criteria that is designated by the local government, by ordinance or by the adopted local comprehensive plan [ pursuant to § 15.2-2223 of the Code of Virginia ], to be subject to the Suburban Area Type requirements of this chapter [ provided such area is designated in the adopted local comprehensive plan as an area for suburban development with median lot sizes no greater than two acres ].

3. [ The ] Rural Area Type. The Rural Area Type shall apply in all other areas of the Commonwealth.

[ 4. Exceptions to the area type thresholds. Streets located within an area subject to the suburban criteria may be considered for acceptance into the secondary system of state highways under the Compact Area Type standards. Streets located within an area subject to the Rural Area Type criteria may be considered for acceptance into the secondary system of state highways under the Compact Area Type or Suburban Area Type standards.

B. Modifications to the area type thresholds. Area type perimeters shall be consistent with all planning boundaries listed within subsection A of this section, except as may be allowed within this subsection. Where the area type boundaries have been determined by a smoothed urbanized area, smoothed urban cluster, metropolitan planning organization study area, or within two miles of a smoothed urban cluster, and local governing body requests that the current area type designation differ from the above stated planning boundaries, the department will review such amendments related to a modification to the area type. Approval of such modification requests is not assured and will be reviewed on an individual basis. ] The commissioner, [ based ] upon [ receipt of ] a resolution from the local governing body, for good cause shown may determine that an area type for a specific area within the local jurisdiction should be modified to a different area type or that any of the requirements of 24VAC30-92-60 [ and 24VAC30-92-90 ] should be modified to the requirements of a different area type. The commissioner shall consider and review the permissible parcel sizes and uses to ensure that the area is indeed being regulated in such manner that necessitates a change in area type. [ The department will notify the local government within 45 calendar days of the commissioner's final decision. ] Any such modification [ of area type designations ] shall cease to apply if the zoning of the area is [ modified altered in a manner that is inconsistent with the local government's original request for the modification of the area type and that alters the type and density of land uses permitted.

C. Area type designation. At such time as the local governing body or the metropolitan planning organization amend the boundaries of one or more of the planning boundaries listed in subsection A of this section, the department will recognize such amendments and revise the related area type designation accordingly. When such local decision is made, the local governing body or metropolitan planning organization shall provide the department with a copy of any duly adopted ordinance or resolution that affects one of the planning boundary criteria listed in this section and impacts the area type designations within such locality or metropolitan planning organization study boundary based on the thresholds in this section as well as maps that show the affected areas as soon as practicable. Modifications to the area type designations based on any ordinance or resolution duly adopted between January 1 and June 30 of any year by a locality or metropolitan planning organization shall become effective on October 1 of that year. Modifications to the area type designations based on any ordinance or resolution duly adopted between July 1 and December 31 of any year shall become effective on April 1 of the next year ].

24VAC30-92-60. Public benefit requirements.

A. Public benefit. A street or network addition may only be accepted by the department for maintenance as part of the secondary system of state highways if it provides sufficient public benefit to justify perpetual public maintenance as defined by this chapter. A street shall be considered to provide sufficient public benefit if it meets or exceeds the public service, pedestrian accommodation, and connectivity requirements of the applicable area type of this chapter.

B. Public service requirements. In the event the governing body requests the addition of a street or network addition before it meets these public service provisions, the district administrator will review each request on an individual case basis and determine if the acceptance of a street prior to normal service requirements is justified, provided the street or network addition meets all other applicable requirements including the connectivity requirements of this chapter. [ However, prior to deferring acceptance based solely on service requirements, the district administrator shall confer with the Director of the Asset Management Division. ] At the request of the local governing body, subject to approval by the district administrator, the public service requirements may be reduced for individual streets serving state or local economic development projects.

1. Individual streets. For the purpose of these requirements without regard to applicable area type, public service may include, but is not necessarily limited to, streets meeting one or more of the following situations:

a. Serves three or more occupied units [ of varied proprietorship ] with a unit being a single-family residence, owner-occupied apartment, owner-occupied residence in a qualifying manufactured home park, a stand-alone business, or single business entity occupying an individual building, or other similar facility. [ However, streets providing service in settings similar to an apartment building setting will only be considered for acceptance if the street is well defined and the district administrator's designee determines that it is not a travel way through a parking lot. ] Also, streets serving manufactured home parks may only be considered when the land occupied by the manufactured home is in fee simple ownership by the residents of such manufactured home.

b. Constitutes a connecting [ link segment ] between other streets that qualify from the point of public service.

c. Such street is a stub out.

d. Serves as access to schools, churches, public sanitary landfills, transfer stations, public recreational facilities, or similar facilities open to public use.

e. Serves at least 100 vehicles per day generated by an office building, industrial site, or other similar nonresidential land use in advance of the occupancy of three or more such units of varied proprietorship. Any addition under this provision shall be limited to the segment of a street that serves this minimum projected traffic and has been developed in compliance with these requirements.

f. Constitutes a part of the network of streets envisioned in the transportation plan or element of a locality's comprehensive plan that, at the time of acceptance, serves an active traffic volume of at least 100 vehicles per day.

2. [ Apartment Multifamily, townhouse, ] and retail shopping complexes. A through street that serves a [ shopping center or rental apartment multifamily ] building may be considered for maintenance as part of the secondary system of state highways if it is deemed by the department to provide a public service and provided it is well defined and the district administrator's designee determines that it is not a travel way through a parking lot. [ However, internal streets in these complexes do not normally qualify for addition to the system because their operation and maintenance are considered to be a responsibility of the owner, who stands to profit, rather than the tenant or customer.

a. However, a street that serves as the principal access to rental apartment buildings may be considered to provide public service if unrestricted public use is permitted and maintenance continuity is practical.

b. ] Entrance streets and the internal traffic circulation systems of [ retail ] shopping [ centers and apartment ] complexes qualify only if more than three property owners are served and the street is [ well defined and ] separated from the parking areas.

3. Network additions. A network addition shall be considered to provide service if [ (i) 70% of the lots served by the network are developed, including construction of the principal structure to serve the designated land use of such lots and (ii) 70% of the links with more than five lots with frontage along such links have each street within the addition meets ] at least [ three occupied lots of varied ownership one of the criteria in subdivision 1 of this subsection ].

4. Special exceptions. There may be other sets of circumstances that could constitute public service. Consequently, any request for clarification regarding unclear situations should be made in writing to the district administrator's designee. [ The district administrator's designee should then consult the Director of the Asset Management Division for resolution. ]

C. Connectivity requirements. All street segments in a development as shown in a plan of development shall be considered for acceptance into the secondary system of state highways as one [ or multiple ] network [ addition additions ]. However, streets with a functional classification of collector and above may be eligible for acceptance as individual streets.

[ Streets originally constructed as part of development that would have been considered for acceptance into the secondary system of state highways as a network addition, which have not been considered for acceptance into the secondary system of state highways, may only be considered for acceptance as a network addition. However, streets with a functional classification of collector and above may be eligible for acceptance as individual streets. For the purposes of this subsection, connection shall mean a street connection to adjacent property or a stub out that will allow for future street connection to adjacent property. ]

If [ the right-of-way for ] a stub out or stub outs maintained by the department [ adjoins adjoin ] the property of a development with a network addition or individual street proposed for acceptance into the secondary system of state highways, such network addition or individual street must connect to such stub out or stub outs to be eligible for acceptance into the secondary system of state highways. [ In instances where the existing stub out or stub outs are not constructed to the property line, the developer of the adjoining property shall be responsible for constructing the missing portion of such stub out or stub outs. Local street stub outs generally should not exceed 500 feet in length. The applicant shall post a sign in accordance with the department's standards that indicates that such stub out is a site for a future roadway connection. ]

Nothing in this chapter shall be construed as to prohibit [ stub outs a stub out ] from providing service to lots within a development. [ In such instances the developer shall post a sign provided by the department that indicates that such stub out is a site for a future roadway connection.

For the purposes of calculating the connectivity index of network additions, external links and stub outs of roadway (i) with a federal functional classification of collector or above or (ii) identified on the local transportation plan as a roadway with a functional classification of collector or above shall count as two links. In all instances, the department must concur with the functional classification. ]

The connectivity requirements of this chapter shall not apply to the following: a frontage road or reverse frontage road as defined in the Access Management Regulations: Principal Arterials (see 24VAC30-72), streets petitioned for acceptance into the secondary system of state highways through the [ rural addition program Rural Addition Program ] pursuant to §§ 33.1-72.1 and 33.1-72.2 of the Code of Virginia, [ streets petitioned for acceptance into the secondary system of state highways through the Commonwealth Transportation Board's Rural Addition Policy provided such streets were constructed prior to March 9, 2009, ] or streets constructed or [ approved improved ] pursuant to §§ 33.1-221 and 33.1-223 of the Code of Virginia.

1. Compact standard. The streets within a network addition may be accepted into the secondary system of state highways if the network addition meets the following requirements:

a. The streets are designed and constructed in compliance with the compact design standards pursuant to this chapter, the Road Design Manual, and the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ];

b. The [ network addition provides sufficient connections in multiple directions and to multiple properties, if applicable, to local and higher order roadways to provide an ] overall connectivity index of [ the network addition is ] 1.6 or higher [ . All network additions shall have a minimum of two connections ]; [ and ]

c. The block layout and other features of the development are designed in such a fashion as to provide reasonably direct pedestrian movement throughout the development and to adjoining property [ ; and.

d. The network addition contains at least one external connection and contains an additional external connection and provides a stub out for every 50 links or fraction thereof. A network addition may provide an additional external connection or connections in lieu of the required stub out or stub outs. ]

2. Suburban standard. The streets within a network addition may be accepted into the secondary system of state highways if the network addition meets the following requirements:

a. The streets are designed and constructed in compliance with the suburban design standards pursuant to this chapter, the Road Design Manual, and the Subdivision Street Design Guide (see [ 24VAC 30-92-160) 24VAC30-92-150) ] ;

b. The [ network addition provides sufficient connections in multiple directions and to multiple properties, if applicable, to local and higher order roadways to provide an ] overall connectivity index of [ the network addition is ] 1.4 or higher [ . All network additions shall have a minimum of two connections ]; [ and ]

c. The block layout and other features of the development are designed in such a fashion as to provide reasonably direct pedestrian movement throughout the development and to adjoining property [ ; and.

d. The network addition contains at least one external connection and contains an additional external connection and provides a stub out for every 50 links or fraction thereof. A network addition may provide an additional external connection instead of the required stub out. ]

3. Rural standard. The streets within a network addition may be accepted into the secondary system of state highways if the network addition meets the following requirements:

a. The streets are designed and constructed in compliance with the rural design standards pursuant to this chapter, the Road Design Manual, and the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ]; and

b. The network addition [ contains at least one external connection as well as an additional external connection and provides a stub out for every 50 links or fraction thereof. A network addition may provide an additional external connection instead of the required stub out provides multiple connections to adjacent properties or streets in varying directions ].

4. Individual street standard. [ Individual streets may only be accepted into the secondary system of state highways if such streets provide continuity and connectivity with the existing highway network. ] Streets that are not part of a network addition shall be accepted into the secondary system of state highways upon petition by the local governing body as long as they meet the requirements of the applicable design standard and both termini of the street are intersections with a roadway or roadways that are part of the existing publicly maintained highway network, subject to the connectivity exceptions of subdivision 5 of this subsection. Streets considered for individual acceptance [ generally ] should be (i) streets that provide a connection between two existing publicly maintained streets, (ii) streets with a functional classification as collector or higher, (iii) a frontage road or reverse frontage road pursuant to VDOT's Access Management Regulations: Principal Arterials (see 24VAC30-72), (iv) streets petitioned for acceptance into the secondary system of state highways through the Rural Addition Program pursuant to §§ 33.1-72.1 and 33.1-72.2 of the Code of Virginia [ provided such street was constructed prior to March 9, 2009 ], [ or ] (v) streets [ petitioned for acceptance into the secondary system of state highways through the Commonwealth Transportation Board's Rural Addition Policy provided such street was constructed prior to March 9, 2009, or (vi) streets ] constructed or [ approved improved ] pursuant to §§ 33.1-221 and 33.1-223 of the Code of Virginia.

5. Connectivity exceptions.

[ a. The connectivity index requirement for a network addition shall be reduced where a portion of the perimeter features one or more of the following constraints: (i) railroad tracks; (ii) limited access highway; (iii) an existing navigable river or a standing body of water with a depth greater than four feet under normal conditions; (iv) terrain grades in excess of 20%; and (v) government-owned property with restrictions upon development such as military installations, parks in existence prior to the submission of the development proposal for the network addition, and land under conservation easements accepted by the Virginia Outdoors Foundation.

The connectivity index shall be reduced based on the percentage of the perimeter that features one or more constraints. In compact area types, the connectivity index requirement shall be equal to 1.6 minus 0.6 times the ratio of the length of the perimeter that features one or more constraints to the total length of the perimeter. In suburban area types, the connectivity index requirement shall be equal to 1.4 minus 0.4 times the ratio of the length of the perimeter that features one or more constraints to the total length of the perimeter.

b. The connectivity index requirement for a network addition may be reduced by the district administrator. ] The developer shall submit any [ other ] request for connectivity exceptions to the district administrator's designee with a copy to the local official. The district administrator's designee shall respond [ to requests for connectivity exceptions ] within 45 [ calendar ] days of receipt of a request. [ For projects where a scoping meeting pursuant to the Traffic Impact Analysis regulations (24VAC30-155) will be held, requests for exceptions and supporting data should be presented and discussed. The district administrator's designee may modify the connectivity index requirements for one or more of the following criteria: ]

[ a. (1) ] If the locality's comprehensive plan designates adjoining parcels to the proposed development for a land use that is determined by the local official to be incompatible with the land use of the proposed development [ the district administrator's designee may, at the request of the local official, reduce the external connectivity requirements. If the external connectivity requirements are reduced. If the connectivity index requirement is modified ] due to incompatible land use, such network additions shall provide stub out or stub outs, as determined by the district administrator's designee based on the size of the development, to allow [ the external for future ] connectivity [ requirements to be met ] in the event that the comprehensive plan changes the designation of adjacent parcels to land use that is not incompatible. In no instance shall any [ commercial retail, office, ] or residential land use be considered incompatible land use with any proposed [ commercial retail, office, ] or residential development.

[ b. The connectivity requirements of this chapter may be reduced by the district administrator's designee in certain circumstances where physical impedance such as terrain or a limited access highway effectively precludes meeting the applicable connectivity requirements.

c. The external connectivity requirements of this chapter may be reduced by the district administrator's designee in his sole determination, if adjacent existing development effectively precludes meeting the external connectivity requirements. In such instances the network addition shall provide a stub out or stub outs, as determined by the district administrator's designee based on the size of the development, to allow for future connectivity.

d. The connectivity requirements of this chapter may be reduced by the district administrator's designee in his sole determination, if the parcel shape is such that it effectively precludes meeting the external connectivity requirements. The district administrator's designee shall not make such a determination unless the developer presents evidence of reasonable efforts to acquire necessary easements or property to provide external connections to meet the external connectivity requirements. In such instances the network addition shall contain a stub out or stub outs, as determined by the district administrator's designee based on the size of the development, to allow for future connectivity.

(2) Good cause is shown that such requirement cannot be met due to unique characteristics of the parcel being developed such as jurisdictional wetlands or cluster subdivisions developed pursuant to § 15.2-2286.1 of the Code of Virginia. ]

6. In instances where [ a there is potential for ] conflict [ exists ] between this chapter and the Access Management Regulations: Principal Arterials (see 24VAC30-72) [ or the spacing standards established by the commissioner for minor arterial or collector roadways pursuant to § 33.1-198.1 of the Code of Virginia and Chapters 274 and 454 of the Acts of Assembly of 2008 ], the following shall apply.

a. For streets with a functional classification of collector where [ external additional ] connections necessary to meet the [ external ] connectivity [ requirements index requirement ] of this chapter cannot be accommodated within the applicable spacing standards [ and cannot otherwise be met through connections to lower order roadways or stub outs ], such [ spacing ] standards shall be modified by the district administrator to allow for such connection. Such [ external ] connection or connections shall be required to meet intersection sight distance standards specified in the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

b. For streets with a functional classification of minor arterial where [ external additional ] connections necessary to meet the connectivity [ requirements index requirement ] of this chapter cannot be accommodated within the applicable spacing standards [ and cannot otherwise be met through connections to lower order roadways or stub outs, ] the district administrator shall, in consultation with the developer and the local official, either modify the applicable spacing standards to allow for such connection or connections, or [ reduce modify ] the [ external ] connectivity [ requirements index requirement ] of this chapter [ to account for the inability to make such connection ]. Such [ external ] connection shall be required to meet intersection sight distance as specified in the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

c. For streets with a functional classification of principal arterial where [ external additional ] connections necessary to meet the external connectivity requirements of this chapter cannot be accommodated within the applicable spacing standards [ such external connectivity requirements shall be reduced and cannot otherwise be met through connections to lower order roadways or stub outs, the connectivity index requirement shall be modified by the district administrator to account for the inability to make such connection ].

[ 7. Failure to connect. As a local governing body is not required to approve a subdivision plat that does not connect to stub outs in adjacent developments, when a local government approves a subdivision plat for a new development that does not connect to a stub out or stub outs in an adjacent development and such development's network addition or individual street would meet the applicable requirements of this chapter if it connected to a stub out or stub outs in the adjacent development, the network addition or individual street may be accepted into the secondary system of state highways for maintenance. In such event the department representative's and the commissioner's top priority for expenditure of improvements funds for such locality's six-year plan for secondary highways shall be to connect the street or streets in the recently accepted network addition or individual street to the stub out or stub outs in the adjacent developments in addition to safety. ]

24VAC30-92-70. Administrative procedure.

A. Conceptual sketch. A [ preliminary plan conceptual sketch ] of the development that shows sufficient information for the department to review and concur with the proposed functional classification for each street in the development shall be provided to the district administrator's designee by the local official prior to preparing detailed construction plans for review. Any preliminary or conceptual plat, plan or sketch that conforms to the locality's zoning requirements or subdivision ordinance is acceptable if the information required by this subsection is shown. [ The department will not consider any requirements of a locality's subdivision ordinance that are in conflict with the requirements of this chapter. ] The submittal should include:

1. The general location and configuration, including the terminus, of each street, and the traffic volume anticipated when the land served is fully developed in accordance with the land uses anticipated.

2. The location [ and , ] area [ , and density or floor area ratio (FAR) ] of each type of [ permitted proposed ] land use within the development.

3. The location of any proposed transportation facility including any public transportation facilities as well as bicycle and pedestrian accommodations within the development's boundaries included in the comprehensive plan of the governing body.

4. The proposed functional classification for each street in the development.

5. The connectivity index of the network addition as proposed, if applicable.

6. The location of stub outs on adjoining property [ and the existing land use of such adjacent property ], if applicable, and the location of any proposed stub outs within the network addition [ , if applicable ].

7. [ Any reductions to the connectivity requirement pursuant to 24VAC30-92-60 C 5 a and approved modifications to the connectivity requirement pursuant to 24VAC30-92-60 C 5 b.

8. Any requests for modifications to the connectivity requirement pursuant to 24VAC30-92-60 C 5 b.

9. General preliminary information on the type of any stormwater management facilities that are proposed to be located within the right-of-way as described in 24VAC30-92-120 L 2.

10. ] Other available information pertinent to the intended development, including but not limited to any proposed phased development of streets pursuant to 24VAC30-92-80.

[ B. Conceptual sketch review. ] The district administrator's designee will review the layout and functional classification of streets shown in the concept [ plan sketch ] and [ within 45 calendar days ] notify the local official in writing, as well as the developer, if applicable, of his concurrence or recommendations and whether or not the streets in the proposed network addition meet the connectivity and other requirements of this chapter. This [ approval or ] concurrence will be valid as long as the basic concept for the development, including the general street layout and design, as submitted for review, remains unchanged. [ If the street layout is modified so that the network addition no longer meets the connectivity requirements of this chapter, this approval or concurrence is void and the conceptual plan, plat or sketch must be reviewed again to obtain the department's approval or concurrence. The district administrator's designee shall also review any unresolved request for modifications to the connectivity index requirement and include his decision in the written notification to the local official and the developer. ] As part of his review, the district administrator's designee shall review the provision of collector and other higher order streets and if necessary make recommendations for the provision of such streets to address the traffic generated by the development.

[ B. C. ] Plan [ of development ] submission. Plats or plans, or both, together with other pertinent data as herein prescribed, shall be submitted to the local official in accordance with the practices of the local government and to the district administrator's designee for all proposed developments whose streets are intended to be added to the secondary system of state highways maintained by the department. The district administrator's designee may, subject to the availability of staff and upon the request of the local official, cooperate in the review of proposed developments to be developed to these standards but not initially intended for addition to the secondary system of state highways maintained by the department. The department may recover the costs for this service in accordance with 24VAC30-92-140.

[ C. D. ] Plan review. Upon receipt of the plats or plans, or both, the district administrator's designee will arrange for the appropriate review to determine compliance with the requirements of this chapter and other applicable VDOT requirements. The general procedure for this review is described in [ 24VAC30-92-150 the guidance document for the Commonwealth Transportation Board's Secondary Street Acceptance Requirements (see [ 24VAC30-92-160) 24VAC30-92-150) ].

[ D. E. ] Plan approval. The district administrator's designee will advise the appropriate local official and the developer, if applicable, as to the results of the review.

1. If the street development proposed by the plats or plans, or both, is determined to be in compliance with these requirements, the district administrator's designee will provide written confirmation of this finding. This action signifies the district administrator's designee's approval of the street layout and design shown on the plats or plans, as submitted. Any subsequent revision, additions, or deletions thereto shall require specific written approval of the district administrator's designee for each such change.

2. If a revision of the submitted plats or plans is determined necessary, the district administrator's designee will list the required changes in a written response to the local official and the developer, if applicable. Upon completion of the specified revisions, the plats or plans will be resubmitted for review and approval by the district administrator's designee [ as prescribed in 24VAC30-92-150 ].

The department's approval of a street construction plan shall constitute its commitment to accept the street or network addition depicted thereon when all applicable provisions of these requirements are satisfied and the streets have been constructed according to the approved construction plan and supporting specifications. However, during the department's or other approved inspection of construction as specified by this chapter, if a situation is discovered that was not addressed on the approved plan that could, in the opinion of the district administrator's designee, adversely affect public safety or the integrity of either the roadway or the adjacent property, acceptance of the street or network addition shall be deferred until the situation is corrected.

The department's approval of a street construction plan shall expire after a period of five years if construction has not commenced, in which case the subdivision street construction plan shall be resubmitted for subsequent review and approval. This shall not affect the adequacy of the approved concept plan as depicted on a recorded final plat, as provided for under § 15.2-2241 of the Code of Virginia.

Network additions will only be accepted when the entire network addition has been constructed, except in such instances where the constructed portion meets the applicable public benefit requirements of this chapter.

[ E. F. ] Street acceptance. Upon the satisfactory completion of construction of the street or streets in a network addition, the department will advise the local governing body regarding the street or network addition's readiness for acceptance and the local governing body, in consultation with the district administrator's designee, will initiate its acceptance into the secondary system of state highways maintained by the department provided:

1. The developer dedicates the prescribed right-of-way to public use.

2. The street [ has ] or streets in the network addition [ has have ] been constructed in accordance with the applicable specifications, standards and the plats or plans approved by the department.

[ a. Traffic control markings, signs, and devices have been installed in accordance with VDOT standards, specifications, and practices.

b. Speed limits have been set in accordance with Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 of the Code of Virginia. For any streets with speed limits different from those set out in § 46.2-870 or §§ 46.2-873 through 46.2-875 of the Code of Virginia, traffic engineering investigations supporting such speed limits have been submitted to VDOT. ]

3. [ The developer furnishes all required information and data to the district administrator's designee and the local government official pertaining to the development's stormwater management system that are pertinent to the locality's, department's, or other entity's Municipal Separate Storm Sewer System (MS4) permit, if applicable.

4. ] The street or streets in a network addition provides sufficient public benefit as prescribed in 24VAC30-92-60 and meets the requirements of this chapter.

[ 4. 5. ] The street or streets in the network addition has been properly maintained since its completion.

[ 5. 6. ] The developer furnishes the surety and fees in accordance with 24VAC30-92-140.

[ 6. 7. ] The governing body has executed all agreements prescribed by these requirements, unless specifically waived on an individual case basis by the Director of the [ Asset Management Maintenance ] Division.

[ 7. 8. ] The governing body, by proper resolution, requests the department to accept the street or streets in the network addition for maintenance as part of the secondary system of state highways under its jurisdiction. The resolution shall include the governing body's guarantee of an unrestricted and unencumbered right-of-way as dedicated, plus any necessary easements for fills, drainage, or sight distance.

Upon the department's determination that the requested street or network addition is in compliance with the applicable provisions of these requirements, the governing body will be officially advised of the street or network addition's acceptance into the secondary system of state highways and the effective date of such action. This notification serves as the district administrator's designee's authority to begin maintenance thereon.

24VAC30-92-80. Phased development of streets.

A. Policy. Certain streets that require four or more travel lanes to accommodate the projected traffic may be accepted by the department for maintenance after completion of the first two lanes to an acceptable, initial phase of construction, upon the request of the governing body. It is recognized that there is a distinction between those streets that benefit the regional transportation network and those that primarily serve the development of land and local traffic, and, therefore, the criteria for phased construction for each situation differs as described in subsection B of this section.

However, in all cases, the right-of-way required for the road at its complete stage of construction shall be dedicated and accepted as part of the initial street acceptance. In addition, the initial phase of construction shall be designed and constructed to facilitate construction of the remaining phase in a manner that will avoid the need to reconstruct the initial two lanes.

Consideration for the acceptance of any street under the provisions of this section shall be limited to the phased development of only the street's roadway. All other applicable requirements, e.g., public benefit, drainage easements, and administrative procedures, shall apply.

B. Criteria.

1. For streets included in the transportation plan of the locality's comprehensive plan that serve diverse areas of the region or locally, no special agreement or acknowledgement is needed as a prerequisite to acceptance, provided:

a. The street is part of a transportation corridor that was formally adopted as a part of the locality's comprehensive transportation plan prior to the local governing body's approval of the plat or plan for the development of the adjacent land.

b. The transportation corridor is a major thoroughfare planned primarily to move through traffic.

c. When fully developed the street must satisfy the department's functional classification criteria as a major collector or higher.

d. The street has a projected traffic volume of 8,000 vehicles per day or less for a period of 10 years following the date of the acceptance for maintenance by the department.

2. For all other streets, the local governing body's resolution requesting acceptance of the initial two-lane section must include provisions that acknowledge:

a. The local governing body agrees that all costs incurred in the street's complete construction, including right-of-way, engineering, utility adjustment, etc., shall be provided from funds other than those derived from state revenue sources administered by the department, except as may be expressly authorized by the department.

b. The local governing body agrees that it is its responsibility to ensure that the roadway is completed as needed to accommodate the traffic. However, the locality also acknowledges that a determination that the street needs to be completed to its ultimate section will be made by the district administrator's designee [ or his designee ] once it is determined that the first two lanes will not sustain an acceptable level of service for the functional classification of the roadway in accordance with the Highway Capacity Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

C. Procedures.

1. Plats or plans, or both, for the street's complete development, in accordance with all applicable provisions of these requirements, shall be submitted for approval.

2. The plats or plans shall also delineate the street's initial development as proposed pursuant to this section. In no case shall this design provide less than one-half of the roadway typical section required by the applicable requirements for the street's complete development.

3. Unless waived by the district administrator's designee, a capacity analysis shall be submitted to document that an acceptable level of service will be maintained for the intended duration of the initial phase of development. In determining an acceptable level of service, the beneficial effect of the proposed street on the overall transportation network will be considered.

4. A determination will be made by the department in consultation with the locality as to whether the street can be approved for phased development and as to which criterion in subsection B of this section applies.

5. Upon the district administrator's designee's determination that the proposal is in compliance with the applicable provisions of this section, the plans may be approved accordingly.

6. Upon completion of the street's initial phase in accordance with approved plans, its compliance with all other applicable provisions of this section, and the inclusion of the appropriate language in the resolution, the street may be accepted for maintenance by the department as part of the secondary system of state highways.

24VAC30-92-90. Connections to or work within streets maintained by the department.

A. Connections to streets maintained by the department. A land use permit issued by the department is required for new connections of any kind to existing streets maintained by the department. Due to the wide variation in prevailing conditions, each location shall be evaluated individually to determine exact requirements. Therefore, it is incumbent upon the developer or his designee to apply for a land use permit at the appropriate time to ensure the desired completion of the development. Such application shall be made to the district administrator's designee and shall be consistent with the approved plats or plans for the subdivision or the document reviewed for the connection of a street that is to remain privately maintained. In no instance where the proposed connection to the existing streets maintained by the department involves a stub out shall a land use permit be unreasonably withheld.

B. Relocations, adjustments, and improvement of streets maintained by the department. All work performed within the existing right-of-way of streets maintained by the department, including pavement widening, the addition of turn lanes, realignments and relocations of existing streets, shall be coordinated with and approved by the department as follows:

1. All such work shall be accomplished pursuant to a land use permit issued by the department after the required right-of-way has been dedicated to public use or as otherwise required by the department.

2. All work, including the relocation, adjustment, and improvement of existing streets under VDOT jurisdiction shall be subject to the department's direction rather than these requirements. Such work should include overlaying and restriping the old and new portions of the roadway as may be required by the district administrator's designee.

3. The relocation of streets maintained by the department shall only be accomplished with the consent of the local governing body.

4. Traffic, both vehicular and pedestrian, should be maintained on streets under the department's jurisdiction until the new portion has been accepted by the department for maintenance unless the department authorizes a closure of the road to traffic.

5. No street or roadway maintained by the department and actively used by the public shall be abandoned or vacated unless a new street serving the same citizens has been constructed and accepted for maintenance by the department.

[ 6. Streets previously discontinued exist as public ways under the jurisdiction of the local governing body and should be abandoned or vacated prior to the development of land within the public way. ]

24VAC30-92-100. Discretionary authority.

The [ department's ] district administrator's designees are authorized considerable discretionary authority regarding the design of [ subdivision secondary ] streets functionally classified as "local." The department's district administrators are authorized considerable discretion regarding the design of secondary streets functionally classified as "collector" or above. [ The commissioner is authorized discretionary authority regarding the safety features, structural integrity, or traffic capacities prescribed by these requirements. ]

24VAC30-92-110. Appeal to district administrator.

The district administrator is authorized to consider and render a ruling on unresolved differences of opinion between the developer and the district administrator's designee that pertain to the interpretation and application of these requirements.

To obtain this review, the developer shall provide the district administrator, the district administrator's designee [ , ] and the local official a written request for such action, describing any unresolved issue. After reviewing all pertinent information, the district administrator will advise the developer in writing regarding the decision of the appeal, and provide a copy of the decision to the local official and the district administrator's designee. All correspondence requesting an appeal should include copies of all prior correspondence with the local official and department representatives regarding the issue or issues. [ The district administrator shall advise the developer of the decision on the appeal within 45 calendar days. ]

The developer may request a meeting with the district administrator concerning the appeal, and the district administrator shall respond within 10 business days and provide to the developer a date, time, and location for such meeting. After reviewing all pertinent information, the district administrator shall advise the developer in writing regarding the decision on the appeal, and provide a copy of the decision to the district administrator's designee and the local official.

The district administrator shall advise the developer of the decision on the unresolved differences of opinion within 45 [ calendar ] days.

24VAC30-92-120. Design and agreement requirements.

A. General requirements. Most criteria addressing the design of new streets can be found in the Road Design Manual and the Subdivision Street Design Guide [ (24VAC30-92-160) (24VAC30-92-150) ]. However, the following provisions are provided for guidance, particularly in regard to features that require agreements or formal acknowledgements of the governing body before VDOT's acceptance of the street or streets within a development.

When an agreement is required between the local governing body and the department as a prerequisite to the acceptance of a street, nothing in these requirements shall preclude the local governing body from entering into separate agreements with other entities to fulfill its responsibilities. However, if the provisions are intended to ensure the safety of the public using the street, the department reserves the right to approve the involvement of the other party or parties.

All streets functionally classified as local shall have a design speed equal to the posted speed limit, except for streets functionally classified as local with a projected traffic volume of 400 vehicles per day or less, which may have a design speed less than the posted speed limit.

The department, locality [ , ] and developer shall take measures to minimize the impacts of through traffic on streets functionally classified as local and accepted into the secondary system of state highways under these regulations. Such measures shall include [ initial ] street designs that manage motor vehicle speed to match local context.

B. Geometric requirements. Geometric requirements for new streets are established in the Road Design Manual and the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ]. Sufficient off-street parking must be provided by the local governing body in accordance with this chapter if streets in a proposed network addition are constructed in accordance with design requirements for streets with off-street parking.

C. Turn lanes. Left or right turn lanes shall be provided at intersections when the department determines that projected turning movements warrant their installation. These facilities shall be designed in accordance with the Road Design Manual and the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ] and, if necessary, additional right-of-way shall be provided to accommodate these facilities.

D. Pavement structure.

1. Pavement design. The pavement structure for new streets shall be in accordance with the Pavement Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ], including any prescribed underdrains. Prior to construction of the pavement sub-base and finish courses, the district administrator's designee shall approve the proposed pavement design.

2. Special pavement surfaces. The district administrator's designee may approve special pavement surfaces, such as the use of stamped pavement. However, if the pavement design is a type not addressed by the Pavement Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ], an agreement shall be provided by the governing body that addresses the future maintenance of such pavement.

3. Pavement additions to existing streets. When an existing VDOT-maintained roadway is to be widened to accommodate additional lanes or the addition of turn lanes, the necessary pavement design shall be obtained from the district administrator's designee and the entire surface of the roadway (old and new portions) may be required to be overlaid and restriped if required by the district administrator's designee. The district administrator's designee shall not require the entire surface of the roadway to be overlaid and restriped when the only pavement addition to the existing roadway was for bicycle lanes unless extenuating circumstances require that the entire surface of the roadway be overlaid and restriped.

E. Parking.

1. Perpendicular and angle parking along streets is normally prohibited. However, perpendicular and angle parking along streets may be considered if the features along the street cause the street to readily appear to be a street rather than a travel way through a parking lot.

Street design that anticipates limited or no on-street parking shall be approved when sufficient off-street parking is provided in accordance with this chapter. Street design that anticipates the restriction of on-street parking on one side of the street shall be approved when sufficient off-street parking is provided for buildings on the side of the street where it is anticipated parking will be restricted.

2. For streets designed without on-street parking, a minimum of two off-street parking spaces per dwelling unit shall be provided in proximity of the unit that they are intended to serve. Such spaces, which may be provided in a parking bay or garage facilities, shall be provided outside of the street's right-of-way. The district administrator's designee may approve lesser parking requirements for individual developments or classes of developments when evidence is presented to support such an approval such as proximity to transit service [ and type or the nature ] of [ the ] development. Entrances to parking bays and garage facilities shall be designed in accordance with the appropriate provisions of the Land Use Permit Manual (24VAC30-150) and the Access Management Regulations: Principal Arterials (24VAC30-72).

3. In instances where the local governing body has determined, through adoption of a parking ordinance or other similar ordinance, that lesser parking requirements are sufficient for certain classes of development, such lesser requirements shall govern.

4. The department shall not prohibit roadway design that allows for the provision of on-street parking on any roadway with a functional classification of collector or local where the posted speed limit is 35 miles per hour or less and that is located within a compact or suburban area type.

F. Cul-de-sacs and turnarounds. An adequate turnaround facility shall be provided at the end of each cul-de-sac to permit the safe and convenient maneuvering by service vehicles. Various configurations of turnarounds are illustrated in the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ]; however, alternative configurations may be approved by the district administrator's designee. Additional right-of-way shall be provided as required by the design of the turnaround. Normally, any nontraveled way areas within the turnaround, such as an island, shall be included in the dedicated right-of-way of the facility unless the department and the locality are able to reach an agreement for the maintenance of such nontraveled way areas. Nothing in this chapter shall prohibit the provision of stormwater management facilities in the nontraveled way areas of a cul-de-sac, provided the requirements of subsection L of this section are met.

For circular turnarounds, a well-defined, identifiable street segment, equal to the normal lot width along the intersected street that serves the cul-de-sac, or 50 feet, whichever is greater, shall extend from the intersected street to the turning area.

G. Curb and gutter. For the purpose of these requirements, the use of curb and gutter is an acceptable roadway design, rather than a [ requisite requirement ]. However, when used, curb and gutter shall be designed in accordance with the Road Design Manual and the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ] and only one curb and gutter design may be used along the length of a street.

1. Driveway entrance requirements. Without regard to the curb design used, the curb shall incorporate a driveway entrance apron, as illustrated in the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ], to provide a smooth transition from the gutter invert or roadway surface onto the driveway.

2. Curb ramps. All streets that incorporate accessible routes for pedestrian use shall, without regard to the curb design used, include curb ramps at intersections for use by persons with disabilities and shall incorporate other applicable provisions of the Americans with Disabilities Act (42 USC § 12101 et seq.).

H. Private entrances. All private entrances shall be designed and constructed in accordance with the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ].

I. Pedestrian, bicycle, and shared use path facilities. The Commonwealth Transportation Board's "Policy for Integrating Bicycle and Pedestrian Accommodations" emphasizes accommodating pedestrian and bicycle traffic. Any street proposed for VDOT acceptance shall accommodate pedestrian and bicycle traffic in accordance with the Commonwealth Transportation Board's policy and this chapter. Pedestrian and bicycle facilities should be included in the initial construction of the street, prior to VDOT acceptance. [ These facilities are eligible for VDOT acceptance based on the criteria of this section. ]

1. [ Pedestrian accommodation requirements. Pedestrian accommodations shall be provided based upon density of development, the plans for or existence of public schools in the vicinity, the presence of existing pedestrian accommodations, and the operational nature of the fronting street. In all developments with pedestrian accommodations, such accommodations shall connect with existing pedestrian accommodations and allow for connection to future pedestrian accommodations to adjacent parcels. If multiple requirements apply to a street, the greater accommodation requirement shall govern.

a. Pedestrian accommodations shall be provided along both sides of the street or provisions made that provide equivalent pedestrian mobility in areas with a median lot size of one half acre or less or a floor area ratio (FAR) of 0.4 or greater.

b. Pedestrian accommodations shall be provided along at least one side of the street or provisions made that provide equivalent pedestrian mobility in areas that have a median lot size between one-half acre to two acres.

c. Pedestrian accommodations shall be provided along at least one side of the street or provisions made that provide equivalent pedestrian mobility in suburban and compact area types along roadways within one-half centerline mile of a public school.

d. When connecting to a stub street that has pedestrian accommodations, the new street shall also include pedestrian accommodations.

e. Pedestrian accommodations shall be provided along at least one side of, or provisions made that provide equivalent pedestrian mobility along, streets functionally classified as collectors or arterials with two travel lanes not including turn lanes. In no instance shall any sidewalk abut the curb or the edge of a collector or higher order street, unless the sidewalk is at least eight feet wide. In such instances tree wells shall be provided. In instances where it is necessary to retrofit streets with pedestrian accommodations to allow the streets to be accepted into the secondary system of state highways, the pedestrian accommodations less than eight feet wide may abut the curb or the edge of the street.

f. Pedestrian accommodations shall be provided along both sides of, or provisions made that provide equivalent pedestrian mobility along, streets functionally classified as collectors or arterials with three or more travel lanes. In no instance shall any sidewalk abut the curb or the edge of a collector or higher order street, unless the sidewalk is at least eight feet wide. In such instances tree wells shall be provided. In instances where it is necessary to retrofit streets with pedestrian accommodations to allow the streets to be accepted into the secondary system of state highways, the pedestrian accommodations less than eight feet wide may abut the curb or the edge of the street.

2. Maintenance of pedestrian and bicycle accommodations. Pedestrian and bicycle facilities are eligible for VDOT acceptance and maintenance based on the criteria of this section. A copy of an agreement or other document showing the proposed maintenance responsibilities of pedestrian and bicycle facilities shall be provided to VDOT for any pedestrian accommodation outside of the VDOT right-of-way that is used to meet the accommodation requirements of this subsection.

a. ] Compliant facilities. Pedestrian and bicycle facilities, including shared use paths as defined under § 46.2-100 of the Code of Virginia, shall be accepted as part of the street or network addition, unless otherwise requested by the governing body, provided they are located fully within the dedicated right-of-way of the street and they are constructed in accordance with applicable criteria and standards of the department.

[ a. (1) ] Sidewalk criteria. Sidewalks shall be constructed in accordance with the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ].

[ b. (2) ] Bicycle facility criteria. Bicycle facilities contiguous with the street shall be in accordance with the department's design and construction criteria set forth in the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

[ c. (3) ] Shared use path criteria. Shared use paths shall be constructed in accordance with the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ] and closely follow the vertical alignment of the roadway without meandering on and off the right-of-way.

[ 2. b. ] Noncompliant sidewalk, bicycle, and shared use paths. Noncompliant sidewalk, bicycle [ , ] and shared use paths that fail to meet requirements of the department's standards for construction, alignment, or placement within the dedicated [ right right-of-way ] of the street shall be deemed to be noncompliant and not qualify for maintenance unless a design waiver or exemption is granted by the department. [ However, such Noncompliant sidewalks and shared use paths may be constructed of stabilizer convenient to the applicant. Noncompliant ] facilities may co-exist within the dedicated right-of-way of the street under a land use permit issued by the district administrator's designee to the local governing body responsible for having established the facility through its subdivision process or other development process.

Such permits will clearly specify the responsibility for maintenance of the facility and related activities to the extent the facility occupies the street's right-of-way. The permit applicant should be an entity that [ has can be reasonably expected to have ] perpetual maintenance capability. [ Noncompliant sidewalks and shared use paths may be constructed of stabilizer convenient to the applicant. ]

J. Bridge, drainage, and other grade separation structures. Bridges, drainage, and other grade separation structures shall be designed and constructed in accordance with all applicable department criteria and standards. The district administrator's designee may require special review of the plans and construction inspection.

The department will accept grade separation structures as part of new streets, provided the structure is a drainage structure or is intended to separate the movement of registered motor vehicles. In addition, the department will accept grade separation structures intended to separate pedestrians or bicyclists or any combination thereof from traffic using the roadway, provided:

1. The structure is available for unrestricted public use;

2. The structure is accessible to pedestrian accommodations situated along the street; and

3. The projected traffic volume of the street is [ (i) ] not less than 4,000 vpd or [ , (ii) ] if the structure otherwise serves as part of the principal pedestrian access to a school [ , or a mass transit facility including stops and stations and ] a peak hour traffic volume of 450 vph [ or greater ] is projected.

In all other instances, the grade separation structure shall be deemed to be a locally controlled grade separation structure within the right-of-way of the street, in which case the street will only be accepted as part of the secondary system of state highways maintained by the department after the local governing body and the department have executed an agreement acceptable to the department that (i) acknowledges the department has no responsibility or liability due to the presence of the structure and (ii) assures the burden and costs of inspection, maintenance, and future improvements to the structure are provided from sources other than those administered by the department.

In all cases, whether the structure is accepted as an integral part of the roadway for maintenance by the department or it remains a locally controlled structure, the [ responsibility for ] lighting, safety, and security of those using such facilities shall remain a responsibility of local government.

K. Dams. The department will only consider accepting streets for maintenance that [ occupy traverse ] dams when all of the following provisions are satisfied. For the purpose of this section, a roadway will be considered to [ occupy traverse ] a dam if any part of the fill for the roadway and the fill for the dam overlap or if the area between the two embankments is filled in so that the downstream face of the dam is obscured or if a closed drainage facility from a dam extends under a roadway fill.

1. Agreements with the governing body. Except as exempt under subdivision 6 of this subsection, the governing body acknowledges by formal agreement the department's liability is limited to the maintenance of the roadway and that the department has no responsibility or liability due to the presence of the dam, the maintenance of which shall remain the responsibility of an owner, other than the department, as established by § [ 33.1-76 33.1-176 ] of the Code of Virginia.

2. Design review. An engineer licensed to practice in the Commonwealth of Virginia shall certify that the hydraulic and structural design of any dam, as described below, is in accordance with current national and state engineering practice and that all pertinent provisions of the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ] have been considered. Prior to approval of the roadway construction plans, the hydraulic and structural design of a proposed dam shall be reviewed by the department and meet the department's satisfaction if:

a. A roadway is considered to [ occupy traverse ] a dam; or

b. A roadway is located below but sufficiently close to the dam that a catastrophic breach could endanger the roadway or the safety of those using the roadway.

3. Right-of-way requirements. The right-of-way of roads considered to occupy dams shall be recorded either as an easement for public road purposes or as a dedication specifically to the governing body. Right-of-way dedicated in the name of the Commonwealth or any of its agencies is not acceptable if it includes a dam, and roads through such right-of-way will not be accepted as a part of the secondary system of state highways maintained by the department.

4. Supplemental, alternative access. To be considered for VDOT maintenance, roadways that [ occupy traverse ] a dam must be supplemented by an appropriate alternative roadway facility for public ingress or egress having suitable provisions that ensure perpetual maintenance.

5. Permits. All applicable federal and state permits associated with dams shall be secured and filed with the locality prior to VDOT's acceptance of any street that [ occupies traverses ] a dam.

6. Dams exempt from agreements. The acceptance of roadways that [ occupy traverse ] dams shall be exempt from the requirements for an agreement with the governing body, as required by subdivision 1 of this subsection, if all of the following is satisfied:

a. The dam is used to create a stormwater detention or retention facility;

b. The maximum depth of the water retained by the impoundment at its 100-year storm flood elevation is not greater than four feet; and

c. The surface area of the impoundment at full flood is not greater than two acres and is beyond the right-of-way dedicated to public use.

L. Roadway drainage.

1. Policy and procedures. All drainage facilities shall be designed in accordance with the department's Drainage Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ] and supplemental directives or the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ] [ as may be appropriate ]. All drainage computations supporting a proposed drainage design shall be submitted to the department for review as part of the documents necessary for the approval of a construction plan.

2. Stormwater management. Whereas the department considers matters regarding stormwater management associated with the construction of [ new ] streets to be under the authority of the local governing body, decisions regarding stormwater management in the construction of streets are deferred to the locality. However, stormwater management, including the construction of detention or retention facilities, or both, is recognized as an available design alternative. Where the developer is required by regulations promulgated by an agency or governmental subdivision other than the department or the developer chooses to use stormwater management facilities in the design of a subdivision or other development, the governing body shall, by formal agreement, and as a prerequisite for the transfer of jurisdiction over the street to the department, acknowledge that the department is not responsible for the operation, maintenance, or liability of the stormwater management facility or facilities associated with the subdivision or the development. However, in the event the governing body has executed a comprehensive, localitywide agreement with the department addressing these matters, a specific agreement addressing stormwater management controls in the subdivision or development will not be required as a condition for street acceptance.

Stormwater management controls for VDOT projects are to be designed in accordance with the approved VDOT Erosion and Sediment Control and Stormwater Management Program Standards and Specifications, as annually approved by the Department of Conservation and Recreation (see [ 24VAC30-92-160) 24VAC30-92-150) ], the Virginia Erosion and Sediment Control Regulations, 4VAC50-30, and the Virginia Stormwater Management Program (VSMP) Permit Regulations (4VAC50-60). While these controls may be necessary whenever a street maintained by the department is widened or relocated, the department does not require them in the development of new streets because such activity is regulated by the local governments. However, developers and counties may find these controls useful in managing land development activity.

Generally devices and treatments intended to mitigate the impact of stormwater shall be placed off of the right-of-way and shall be designed to prevent the backup of water against the roadbed. However, such devices and treatments may be placed within the right-of-way if the department and the local governing body have executed an agreement that (i) acknowledges the department has no responsibility or liability due to the presence of the devices or treatments, or both; (ii) assures the burden and costs of inspection, maintenance, [ and ] future improvements to the devices [ or and ] treatments, or [ both, other costs related to the placement of such devices or treatments within the right-of-way ] are provided from sources other than those administered by the department; (iii) a professional engineer licensed by the Commonwealth [ or the manufacturer as required by the department, ] certifies the construction of the facility to plans reviewed by the department; and (iv) a concept of the facility is included in the department's Drainage Manual, the Department of Conservation and Recreation's Stormwater Handbook, or supplemental directives (see 24VAC30-92-150).

Where development activity results in increased runoff to the extent that adjustment of an outfall facility is required, such adjustment shall be at the developer's expense and shall be contained within an appropriate easement.

[ The department is required to implement the Municipal Separate Storm Sewer System (MS4) permit for facilities located on its right-of-way. To comply with these requirements, the local governing body shall provide all aspects of a proposed development's stormwater management system that are pertinent to the locality's or the agency's MS4 permit to the district administrator's designee. ]

3. Drainage easements.

a. An acceptable easement shall be provided from all drainage outfalls to a natural watercourse, as opposed to a swale.

b. The department normally accepts and maintains only that portion of a drainage system that falls within the limits of the dedicated right-of-way for a street. The department's responsibility to enter drainage easements outside of the dedicated right-of-way shall be limited to undertaking corrective measures to alleviate problems that may adversely affect the safe operation or integrity of the roadway.

c. In the event drainage to a natural watercourse is not accomplished or is interrupted, an acceptable agreement from the governing body may be considered as an alternative to providing an easement to a natural watercourse, provided the agreement acknowledges that the department is neither responsible nor liable for drainage from the roadway.

M. Other design considerations.

1. Guardrail. Guardrail shall be used when required by the district administrator's designee, consistent with the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ]. For placement considerations, see the Subdivision Street Design Guide (see [ 24VAC30-92-160) 24VAC30-92-150) ].

2. Landscaping and erosion control. All disturbed areas within the dedicated right-of-way and easements of any street shall be restored with vegetation compatible with the surrounding area. Where there is visual evidence of erosion or siltation, acceptance of the street as part of the secondary system of state highways maintained by the department will be postponed until appropriate protective measures, in accordance with VDOT's construction practices, are taken. Except as otherwise approved by the district administrator's designee, planting of trees or shrubs on the right-of-way shall be in accordance with the Subdivision Street Design Guide and the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

3. Lighting. Roadway, security, or pedestrian lighting, when required by the governing body or desired by the developer, shall be installed in accordance with the Subdivision Street Design Guide and the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ]. However, VDOT shall not be responsible for the maintenance or replacement of lighting fixtures or the provision of power for lighting.

4. Railroad crossings.

a. Short-arm gates with flashing signals, flashing signals alone, or other protective devices as deemed appropriate by the department shall be provided at any at-grade crossing of an active railroad by a street.

b. Crossings of railroad right-of-way are subject to the requirements of the railroad. Streets to be accepted by the department for maintenance as part of the secondary system of state highways that cross railroad right-of-way will only be considered if the protective measures outlined under this section have been fully installed and an agreement between the railroad, the developer, and the local governing body has been executed. Prior to execution, such agreements shall be presented to the department for consideration in consultation with the Department of Rail and Public Transportation.

5. Utilities. Local governments, the development community, and the utility community are encouraged to coordinate and consolidate their interests as part of the initial development plan.

a. Underground utilities. The department allows the placement of underground utilities within the dedicated right-of-way of streets, but normally restricts placement to areas outside of the travel lanes. However, if the governing body has established adequate requirements approved by the department for the design, location, and construction of underground utilities within the right-of-way of streets, including provisions that ensure that adequate testing and inspection is performed to minimize future settlement, those requirements shall become the department's requirements and govern [ unless provided ] those requirements [ conflict with a requirement of exceed ] the [ department department's requirements ].

[ Manholes shall not be placed in sidewalk, multiuse trail, or shared use path facilities, within five feet of curb ramps or within driveway entrances. ]

When location of the utilities outside of the pavement area is not practical [ such as in high density developments incorporating the principles of new urbanism as described in § 15.2-2223.1 of the Code of Virginia ], such installations:

(1) Are acceptable within the shoulders along the street or within the parking area.

(2) May be acceptable beneath the travel lanes of the street or alley when provisions are made to ensure adequate inspection and compaction tests and [ (i) longitudinal :

(a) Longitudinal ] installations and manholes are located outside of the normal travel lanes [ , ; ] or [ (ii) longitudinal

(b) Longitudinal ] installations and manholes are placed in the center of a travel lane out of the wheel path.

However, manholes shall not be placed in sidewalk, multiuse trail, or shared use path facilities within five feet of curb ramps or within driveway entrances.

b. Open-cutting of hard-surfaced roadways. The department usually prohibits the open-cutting of hard-surfaced roads except in extenuating circumstances. Therefore, all underground utilities within the right-of-way, as determined necessary by good engineering practice to serve the complete development of adjacent properties, shall be installed during the street's initial construction and prior to the application of its final pavement surface course. This shall include extensions of all necessary cross-street connections or service lines to an appropriate location beyond the pavement and preferably the right-of-way line.

In the event it is necessary to open the street pavement to work on utilities after the surface has been placed, additional compaction tests and paving as necessary to restore the integrity and appearance of the roadway may be required at the discretion of the district administrator's designee.

c. Cross-street conduits. To facilitate the placement of future underground utilities, cross-street conduits are encouraged, with placement of such conduits occurring on each street at intersections.

d. Aboveground utilities. All aboveground utilities shall be installed behind the sidewalk or as close as possible to the limits of the street's right-of-way but shall not encroach on the sidewalk, the shared use path, or any clear zone.

To assure the unencumbered dedication of the right-of-way for street additions, easements or other interests within the platted right-of-way shall be quitclaimed of any prior rights therein. In exchange, a permit may be issued by the department for a utility to occupy the area involved. This permit will be processed by the district administrator's designee upon acceptance of the street into the secondary system of state highways maintained by the department. No inspection fee is required for permits so issued. However, the approval of the permit shall be contingent upon the utility's compliance with applicable provisions of the Land Use Permit Manual (see 24VAC30-150).

[ N. Pedestrian accommodations.

1. Compact area type. Sidewalks are required along both sides of the street. In no instance shall any sidewalk be constructed directly next to the street, unless the sidewalk is at least eight feet wide. In such instances tree wells shall be provided. In instances where it is necessary to retrofit streets with pedestrian accommodations to allow the streets to be accepted into the secondary system of state highways, the pedestrian accommodations less than eight feet wide may abut the curb or the edge of the street. Planting strips are required unless the sidewalk abuts the curb or the edge of the street. Planting strips should be at least three feet in width.

2. Suburban area type. A network addition or street is determined to provide pedestrian accommodations if (i) sidewalks are provided along both sides of the street or (ii) a combination of sidewalks and multiuse trails or shared use paths that, as a system, provides reasonable access to all properties in the development is constructed and that provides connectivity of pedestrian accommodations that is equivalent to having sidewalks on both sides of the street. Such multiuse trails shall have trail stubs to allow for future connection with other multiuse trails both existing and proposed.

A network addition or street where all lot sizes are at least two acres is determined to provide pedestrian accommodations if (i) sidewalks are provided along one side of the street or (ii) one or more multiuse trails or shared use paths that, as a system, provide reasonable access to all properties in the development is constructed and that provide connectivity of pedestrian accommodations that is equivalent to having sidewalks on one side of the street. Such multiuse trails shall have trail stub outs to allow for future connection with other multiuse trails both existing and proposed.

Sidewalks or other pedestrian accommodation shall be provided along both sides of any street classified as collector or above. In no instance shall any sidewalk abut the curb or the edge of the street unless the sidewalk is at least eight feet wide. In such instances tree wells shall be provided.

An agreement for maintenance with the locality shall be provided to VDOT for any multiuse trail outside of the VDOT right-of-way. In instances where it is necessary to retrofit streets with pedestrian accommodations to allow the streets to be accepted into the secondary system of state highways, the pedestrian accommodations less than eight feet wide may abut the curb or the edge of the street.

The district administrator, in consultation with the local official, may modify the sidewalk, multiuse trail, or shared use path requirements when the developer proposes to provide alternative sidewalk, multiuse trail, shared use path, or other pedestrian accommodations that provide equivalent connectivity to those required by this section. Equivalent connectivity shall mean the alternative accommodations provide connectivity to properties within and outside the development similar to the connectivity that would have been provided by the sidewalk, multiuse trail, or shared use path requirements.

Where sidewalks are constructed, planting strips are required unless the sidewalk abuts the curb or the edge of the street. Planting strips should be at least three feet in width.

3. Rural Area Type. A network addition or street is determined to provide pedestrian accommodations and connectivity if (i) sidewalks are provided along one side of the street or (ii) one or more multiuse trails or shared use paths that, as a system, provide reasonable access to all properties in the development is constructed and that provide connectivity of pedestrian accommodations that is equivalent to having sidewalks on one side of the street. Such multiuse trails shall have trail stub outs to allow for future connection with other multiuse trails both existing and proposed.

Streets with a projected ADT of 200 vehicles or less are exempted from the pedestrian accommodation requirements.

Sidewalks or other pedestrian accommodations shall be provided along both sides of any street classified as collector or above. In no instances shall any sidewalk abut the curb or the edge of the street unless the sidewalk is at least eight feet wide and tree wells are provided.

An agreement for maintenance with the locality shall be provided to VDOT for any multiuse trail outside of the VDOT right-of-way. In instances where it is necessary to retrofit streets with pedestrian accommodations to allow the streets to be accepted into the secondary system of state highways, the pedestrian accommodations less than eight feet wide may abut the curb or the edge of the street.

The district administrator, in consultation with the local official, may modify the required sidewalk or multiuse trail requirements when the developer proposes to provide alternative sidewalk, multiuse trail, shared use path, or other pedestrian accommodations that provide equivalent connectivity to those required by this section. Equivalent connectivity shall mean the alternative accommodations provide connectivity to properties within the development and outside the development similar to the connectivity that sidewalks would have provided.

Where sidewalks are constructed planting strips are required unless the sidewalk abuts the curb or the edge of the street. Planting strips shall be at least three feet in width. ]

24VAC30-92-130. Right-of-way width, spite strips, and encroachments.

A. Right-of-way width. A clear and unencumbered right-of-way shall be dedicated to public use for any street proposed for addition to the secondary system of state highways maintained by the department. However, in certain rare extenuating circumstances involving a party beyond the influence of the developer, an easement for transportation purposes may be approved by the district administrator's designee in lieu of dedicated right-of-way. In all other cases, any easement that might interfere with the public's unencumbered use of the street shall be quitclaimed in exchange for a land use permit as outlined in 24VAC30-92-120 M 5.

The width of right-of-way shall be as indicated in the Subdivision Street Design Guide and the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ] and shall be sufficient to include all essential elements of the roadway intended to be maintained by the department, including pedestrian, multiuse trail, bicycle, or shared use path facilities and clear zone. However, supplemental easements may be used to accommodate sight distance requirements and slopes for cuts and fills. The right-of-way requirements are defined in the Subdivision Street Design Guide and the Road Design Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ].

When an existing state maintained road is widened, the additional right-of-way should be dedicated as follows:

1. If the existing right-of-way consists of a prescriptive easement, to the degree that the developer controls the land, the right-of-way shall be dedicated to public use from the centerline of the alignment.

2. If the existing right-of-way is dedicated to public use, the additional right-of-way shall be dedicated to public use.

3. If the existing right-of-way is titled in the name of the department or the Commonwealth, the additional right-of-way shall be deeded to the department or to the Commonwealth, consistent with the title of the existing right-of-way.

B. "Spite strips." Plans that include a reserved or "spite" strip that prohibits otherwise lawful vehicular access to a street from the adjacent properties, whether within or outside the subdivision or development, will not be approved.

C. Encroachments within the right-of-way. Recording of a plat causes the fee title interest of areas dedicated to public use to transfer to the local governing body. Therefore, objects installed within the right-of-way for purposes other than transportation may be considered an unlawful encroachment in the right-of-way and prevent the right-of-way from being considered clear and unencumbered.

Posts, walls, signs, or similar ornamental devices that do not interfere with roadway capacity [ or , ] encroach into a clear zone [ , ] or interfere with prescribed sight distance requirements [ , or are not in conflict with Chapter 7 (§ 33.1-351 et seq.) of Title 33.1 of the Code of Virginia ] may be permitted within the right-of-way. However, specific authorization by the district administrator's designee or as authorized under the Land Use Permit Manual (see [ 24VAC30-92-160) 24VAC30-92-150) ] is a requisite for these devices or any other encroachment located within the right-of-way. For the purposes of this subsection, mailboxes installed on breakaway posts may occupy the right-of-way without permit. Otherwise, encroachments that do not fall within the clear zone may be allowed within the right-of-way pursuant to a land use permit issued by the district administrator's designee.

24VAC30-92-140. Surety and fees.

A. Policy. Except as otherwise provided herein, the developer shall provide surety to guarantee the satisfactory performance of the street, an inspection fee to cover the department's cost of inspecting the new street, and an administrative cost recovery fee to recover the department's costs associated with the review of subdivision or other development plans and the administrative processing of the acceptance of new streets as determined in this section. All surety and fees collected under this section shall be based on the date of the local governing body's request and the aggregate mileage of new streets in that request, rounded up to the next tenth of a mile. In the event of extenuating circumstances beyond the developer's control, the commissioner or his designee may waive all or a portion of any of the surety and fees.

B. Surety. The department reserves the right to inspect, or have inspected, the street proposed for acceptance into the secondary system of state highways at any stage of construction and prior to street acceptance. The developer, contractor, and third-party inspector, if applicable, shall cooperate with the assigned VDOT personnel to provide the access and information necessary to verify that construction of the street is in accordance with the street's approved design and appropriate standards and specifications. A determination by the district administrator's designee that the required cooperation has not been extended shall be grounds for VDOT to refuse to accept the street for maintenance as part of the secondary system of state highways. A determination of noncooperation may be appealed as specified by this chapter (see 24VAC30-92-110).

1. Type of surety and expiration. The developer shall provide surety to guarantee the satisfactory performance of the street. In the event the developer fails to provide surety or any of the fees described in this section within the 30-day period following the local governing body's request for the department to accept the maintenance of a street, the department's or other entity's previous final inspection of the street shall be considered void and a new inspection shall be required. An acceptable surety may be in the form of a performance bond, cash deposit, certified check, irrevocable letter of credit, third-party escrow account, or other form mutually satisfactory to the department and the developer. Under no circumstances shall the department or any agency of the Commonwealth be named the escrow agent nor shall funds deposited with the department as surety be subject to the payment of interest.

a. Amount of surety. The surety shall be $3,000 for each tenth of [ a ] lane mile, or portion thereof, to be accepted by the department for maintenance as part of the secondary system of state highways. The Commonwealth Transportation Board may adjust the surety on an annual basis based on increases or decreases in the producer price index for highway and street construction materials up to an amount not to exceed $5,000 for each tenth of [ a ] lane mile or portion thereof.

The surety [ shall be waived ] for streets petitioned for acceptance into the secondary system of state highways through the Rural Addition Program pursuant to §§ 33.1-72.1 and 33.1-72.2 of the Code of Virginia, and streets constructed or approved pursuant to §§ 33.1-221 and 33.1-223 of the Code of Virginia [ shall be waived ].

b. Length of surety. The surety shall guarantee performance of the street for [ three years one year ] from the date of its acceptance into the secondary system of state highways [ When a third-party inspection process acceptable to the department in accordance with this chapter is used, the surety shall guarantee performance for one year ].

[ c. Third-party inspection process. A third-party inspection process shall be acceptable to the department if:

(1) The developer or construction contractor arranges for a firm not otherwise related to the developer or contractor to provide inspection services for the construction of the streets in the development;

(2) Inspection and testing methodology and frequency are accomplished in accordance with VDOT Materials Division's Manual of Instructions and the Virginia Department of Transportation Road and Bridge Specifications (see 24VAC30-92-160); and

(3) A report is submitted to the department summarizing the inspections steps taken, certifying the results of the inspection and testing as accurate, and confirming that the street or streets were built to the approved specifications and pavement design, signed and stamped by a professional engineer licensed to practice as such in the Commonwealth. ]

2. Alternatives to surety.

a. In jurisdictions where the staff of the governing body administers a comprehensive [ subdivision street ] construction inspection program that has been approved by the department, the surety shall be waived upon certification by the governing body that the proposed addition has been constructed in accordance with approved plans and specifications.

b. If requested by the developer and subject to availability of departmental personnel or consultants, VDOT may perform the construction inspection equivalent to that required for third-party inspection of any street or streets proposed to be added to the secondary system of state highways. In such cases, the developer shall bear all costs incurred by the department, the surety shall be waived, and no street inspection fee pursuant to subsection D of this section shall be charged.

[ c. A third-party inspection process shall be acceptable to the department if:

(1) The developer or construction contractor arranges for a firm not otherwise related to the developer or contractor to provide inspection services for the construction of the streets in the development;

(2) Inspection and testing methodology and frequency are accomplished in accordance with VDOT Materials Division's Manual of Instructions and the Virginia Department of Transportation Road and Bridge Specifications [ (24VAC30-92-160) (24VAC30-92-150) ]; and

(3) A report is submitted to the department summarizing the inspections steps taken, certifying the results of the inspection and testing as accurate, and confirming that the street or streets were built to the approved specifications and pavement design, signed and stamped by a professional engineer licensed to practice as such in the Commonwealth. ]

C. Administrative cost recovery fee.

1. Application of the administrative cost recovery fee. To recover a portion of the department's direct costs associated with the review of plans or plans of development, and the administrative processing of the acceptance of new streets, an administrative cost recovery fee shall be required from the developer at the time the streets are accepted by the department. The amount of this cost recovery fee shall be computed at a base rate of $500 per [ center lane addition ], without regard to street length, plus $250 per tenth of [ center lane a centerline ] mile, or portion thereof.

2. Alternatives to the administrative cost recovery fee. As an alternative to the administrative cost recovery fee, the department may use one of the following approaches to recover its direct costs:

a. For any [ subdivision development ], at the developer's request, the department may establish an account for the purpose of tracking these costs and billing the developer not more often than every 30 days;

b. For large, complex, multiuse developments, the department, at its option, may establish an account for the purpose of tracking these costs and billing the developer not more often than every 30 days. However, the cost recovery fee assessed under this provision shall not be greater than two times the prevailing [ administrative ] cost recovery fee structure; or

c. If requested to provide plan review for streets that are not intended for maintenance by the department, the department may establish an account for the purpose of tracking these costs and billing the developer not more often than every 30 days.

D. Street inspection fee. To recover a portion of the department's direct costs associated with the inspection of subdivision streets, an inspection fee shall be required from the developer at the time the streets are accepted by the department.

The inspection fee shall be computed at a base rate of $250 per [ lane addition ], without regard to street length, plus $125 per tenth of [ lane a centerline ] mile, or portion thereof.

The street inspection fee shall be reduced by 75% if either a third-party inspection process pursuant to subdivision B [ 1 2 ] c of this section or a local street inspection certification process pursuant to subdivision B 2 c of this section was used.

If requested to provide inspection services for subdivision streets that are not intended for maintenance by the department, the department may establish an account for the purpose of tracking these costs and billing the developer not more often than every 30 days.

[ 24VAC30-92-150. Subdivision street development, plan review, and acceptance.

A. The locality-state partnership governing VDOT acceptance of new streets for maintenance. Section 33.1-229 of the Code of Virginia (a Byrd Act provision) creates the authority under which local governments establish new roads as part of the secondary system of state highways. Sections 15.2-2240 and 15.2-2241 of the Code of Virginia establish the authority of local subdivision ordinances and the authority of counties to set the standards for new streets within their territories.

VDOT's participation in the development and acceptance of streets for maintenance is a cooperative commitment of the Commonwealth Transportation Board.

VDOT's concurrence with or approval of a construction plan represents VDOT's commitment to accept the network addition or streets shown on the plan when satisfactorily constructed and all other requirements governing the department's acceptance of streets are satisfied, including the governing body's request for the acceptance of or transfer of the maintenance and operational jurisdiction over the street, as outlined in these requirements.

Pursuant to these principles:

1. Local government controls land development activity and establishes new streets, the relocation of existing streets, and the criteria governing the development of such streets.

2. VDOT establishes the minimum standards that must be satisfied for new subdivision streets to be considered for maintenance by the department as part of the secondary system of state highways under its jurisdiction.

Within each locality, VDOT is represented by a resident engineer or comparable designee.

B. Street development and acceptance of maintenance process.

1. Concept and construction plan approval phase. The proposed construction plan shall be considered incomplete in the absence of a preliminary pavement design based on the Pavement Design Guide (see 24VAC30-92-160) and the presumed values therein.

2. Construction phase. Upon approval of the construction plan and prior to construction, the resident engineer should advise the developer regarding inspection of the construction phases and the scheduling of those inspections. VDOT approval of each of the following phases of construction is recommended.

a. Installation of any enclosed drainage system before it is covered.

b. Installation of any enclosed utility placements within the right-of-way before being covered.

c. Construction of the cuts and fills, including field density tests, before placement of roadbed base materials.

d. A final pavement design, based on actual soil characteristics and certified tests, completed and approved before the pavement structure is placed.

e. Placement of base materials, including stone depths, consistent with the approved pavement design, prior to placement of the paving course or courses, followed by field density and moisture tests and the placement of a paving course as soon as possible.

f. Construction of pavement, including depth and density, upon completion as part of the final inspection.

3. Street acceptance process. In the absence of any other formal acceptance, the governing body's resolution requesting the department to accept a street for maintenance as part of the secondary system of state highways completes the dedication and is deemed to constitute the governing body's acceptance of the street.

4. Post acceptance phase.

24VAC30-92-160. 24VAC30-92-150. ] Documents incorporated by reference.

Information pertaining to the availability and cost of any of these publications should be directed to the address indicated below the specific document. Requests for documents available from the department may be obtained from the department's division indicated at 1401 E. Broad St., Richmond, Virginia 23219; however, department documents may be available over the Internet at www.virginiadot.org.

The department shall post all [ nonregulatory ] documents incorporated into this regulation by reference and under its control on its website. [ Official regulatory text is maintained by the Virginia Registrar of Regulations in the Virginia Administrative Code. ] After the effective date of any changes to such incorporated documents under the control of the department, the department shall post the changes for a period of at least 60 days on its website. Any changes to regulations appearing in this list shall be made in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) [ or , ] the Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia) [ , or both ].

[ Drainage Manual, 2002, VDOT Location and Design Division.

Land Use Permit Manual (24VAC30-150), 1983, VDOT Asset Management Division.

Pavement Design Guide for Subdivision and Secondary Roads in Virginia, 2000, VDOT Materials Division.

Road and Bridge Specifications, effective 2008, VDOT Construction Division.

Road Design Manual, 2005, VDOT Location and Design Division.

Subdivision Street Design Guide (Appendix B: Road Design Manual, 2005), VDOT Location and Design Division.

Road and Bridge Standards, 2001, VDOT Location and Design Division.

Standard Specifications for Highway Bridges, 1996, American Association of State Highway and Transportation Officials (AASHTO).

VDOT Modifications to Standard Specifications for Highway Bridges, 1996, American Association of State Highway and Transportation Officials (AASHTO), November 1999 through September 2007, VDOT Structure and Bridge Division.

Virginia Erosion and Sediment Control Handbook, 1992, Division of Soil and Water Conservation with The Virginia Erosion and Sediment Control Law and Regulations, (date), Division of Soil and Water Conservation.

Highway Capacity Manual, 2000, Transportation Research Board.

VDOT Erosion and Sediment Control and Stormwater Management Program Standards and Specifications, 2004, VDOT Location and Design Division Policy for Integrating Bicycle and Pedestrian Accommodations, 2004, Commonwealth Transportation Board, Note: This policy reference is included in the regulation only for informational purposes and is not considered a regulatory provision. Applicable elements of this policy are stated in the regulation itself.

Access Management Regulation: Principal Arterials (24VAC30-72), 2008, VDOT Asset Management Division.

Design Standards for Entrance/Intersection Access Management (Appendix F of the Road Design Manual), 2008, VDOT Location and Design Division.

Traffic Impact Analysis Regulation (24VAC30-151), 2007, VDOT Asset Management Division.

Manual of Instructions, 2006, VDOT Materials Division.

A. Access Management Regulations: Principal Arterials, 24VAC30-72.

Maintenance Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

B. Drainage Manual, 2002.

Location and Design Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

C. Guidance Document for the Commonwealth Transportation Board's Secondary Street Acceptance Requirements, 2009.

Maintenance Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

D. Highway Capacity Manual 2000.

Transportation Research Board

500 Fifth Street, NW

Washington, DC 20001

E. Land Use Permit Manual, 24VAC30-150.

Maintenance Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

F. Materials Division Manual of Instructions, 2006.

Materials Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

G. Pavement Design Guide for Subdivision and Secondary Roads in Virginia, 2000.

Materials Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

H. Policy for Integrating Bicycle and Pedestrian Accommodations, 2004. (Note: This policy reference is included in the regulation only for informational purposes and is not considered a regulatory provision. Applicable elements of this policy are stated in the regulation itself.)

Commonwealth Transportation Board

1401 E. Broad St.

Richmond, VA 23219

I. Road and Bridge Specifications, 2007, revised 2008.

Scheduling and Contract Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

J. Road and Bridge Standards, 2008.

Location and Design Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

K. Road Design Manual, 2008.

Location and Design Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

L. Traffic Impact Analysis Regulation, 24VAC30-155.

Maintenance Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

M. VDOT Erosion and Sediment Control and Stormwater Management Program Standards and Specifications, 2004.

Location and Design Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

N. Virginia Erosion and Sediment Control Regulations, 4VAC50-30.

Virginia Department of Conservation and Recreation

Division of Soil and Water Conservation

203 Governor Street, Suite 302

Richmond, VA 23219-2094

O. Virginia Stormwater Management Program (VSMP) Permit Regulations (4VAC50-60).

Virginia Department of Conservation and Recreation

Division of Soil and Water Conservation

203 Governor Street, Suite 302

Richmond, VA 23219-2094 ]

VA.R. Doc. No. R07-217; Filed March 9, 2009, 1:59 p.m.