Secondary Street Acceptance Requirements

Chapter 382

Public Comment

At its March meeting, the Commonwealth Transportation Board (CTB) authorized the publication of the proposed draft regulation for public comment. The proposed draft regulation will be published in the April 14 Virginia Register and public comments will be accepted until 5 p.m June 30. VDOT is also considering revisions to and soliciting public comments regarding the Subdivision Street Design Guide.

Click here to read the proposed draft regulation.

Click here to view a PowerPoint presentation that summarizes the proposed draft regulation.

Click here to view a summary of changes from the existing Subdivision Street Requirements (24 VAC 30-91).

Click here to read VDOT’s Subdivision Street Design Guide.

Click here to submit public comments or mail comments to:

SSAR Public Comment
c/o VDOT Policy Office
1401 E. Broad St.
Richmond, VA 23219

Public Hearings

VDOT will four hold public hearings to solicit public comments at the following times and locations:

• April 30 at 4 p.m. in Harrisonburg: Rockingham County Administration Center, 20 East Gay St., Harrisonburg, VA 22802
  
  
• May 7 at 4 p.m. in Bristol: VDOT Bristol District Office Auditorium, 870 Bonham Road, Bristol, VA 24201
  
  
• May 14 at 5:30 p.m. in Fairfax: Northern Virginia Community College Ernst Cultural Center Forum Area, 8333 Little River Turnpike, Annandale, VA 22003
  
  
• May 21 at 4 p.m. in Richmond: VDOT Central Office Auditorium, 1221 E. Broad St., Richmond, VA 23219

Introduction

Chapter 382 of the 2007 Acts of Assembly (SB1181) added § 33.1-70.3 to the Code of Virginia. The legislation requires the CTB to develop Secondary Street Acceptance Requirements, promulgated by regulation, to determine the conditions and standards that must be met before secondary streets constructed by developers, localities and entities other than the Virginia Department of Transportation (VDOT) will be accepted into the state secondary system for maintenance by VDOT.

The new regulation will replace and supersede the current Subdivision Street Requirements (24 VAC 30-91). The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to initial regulations promulgated by the CTB pursuant to Chapter 382.

Benefits of New Provisions

A connected transportation system provides benefits to citizens and residents. A disconnected local street network reduces the effectiveness of the overall regional and local roadway system by forcing local trips onto the regional network.

A connected street network, in addition to improving the flow of through trips on collector and arterial streets, will help result in the following benefits:

• Reduce vehicle miles traveled through direct routes
  
  
• Reduce congestion through alternative routes that reduce reliance on arterial roadways
  
  
• Alternative routes to local destinations to provide redundancy during road closures and accidents
  
  
• Reduce emergency response times due to alternative and direct access for fire, police and EMS vehicles
  
  
• Alternative transportation options (driving, transit, bicycling or walking)
  
  
• Increased capacity of the local and regional transportation network
  
  
• Opportunities for community interaction by connecting developments
  
  
• Improved access to community facilities and shopping centers
  
  
• More effective use of transportation infrastructure
  

Implementation Advisory Committee

Secretary of Transportation Pierce Homer has empanelled an Implementation Advisory Committee to assist the CTB in the development of this regulation. Click here (PDF, 300 KB) to view his letter to committee members.

This committee held its first meeting Sept. 4, 2007. Click here (PDF, 6.3 MB) to view the agenda and handouts that were provided to the committee. 

Provisions of Draft Regulation

Area Types

The current draft regulation would establish three area types within the Commonwealth. These area types would be based on long-term federal, regional and local planning boundaries. The connectivity and other requirements of the draft regulation would vary based on area type. The three are area types are as follows:

• Compact Area Type. This area type would apply to (i) Census smoothed urbanized areas, (ii) Census smoothed
  urban clusters, (iii) urban development areas, (iv) transfer of development rights receiving areas    (PDF, 39 KB), and (v) any area designated by the local comprehensive plan as a growth area.
  
  
• Suburban Area Type. This area type would apply to (i) metropolitan planning organization study areas, (ii) a buffer zone around urban development areas and Census smoothed urban clusters, (iii) cluster developments, and (iv) any area designated by the local comprehensive plan.
  
  
• Rural Area Type. This area type would apply in all other areas of the state.

The current draft regulation contains flexibility to allow for the area type of an area to be modified based on action by the local governing body.

To see a state map with the proposed area types shown click here.   (PDF, 2.8 MB)

Connectivity Requirements and Exceptions

The statute mandates that the new regulation include “requirements to ensure the connectivity of road and pedestrian networks with the existing and future transportation network.”  The current draft regulation measures connectivity using a link-node ratio. A link-node ratio is an industry standard connectivity metric used by many localities to measure connectivity including localities in North Carolina, Texas, Delaware, and Virginia. The link-node ratio is calculated by dividing the number of links (street segments and stub streets) by the number of nodes (intersections or cul-de-sacs). A perfect grid of streets will have a link-node ratio around 2.5 and a network of complete cul-de-sac or dead end streets with only one way in and one way out will have a link-node ratio of 1.0. It is suggested that a ratio of 1.4 will provide adequate connectivity in many situations (Ewing, R. (1996) Best Development Practices: Doing the Right Thing and Making Money at the Same Time, American Planning Association, Chicago, IL).

The connectivity requirements vary based on area type. In compact area types, streets in a development will have to meet a link-node ratio of 1.6, as well as provide at least two external connections and a stub street. In suburban area types, streets in a development will have to meet a link-node ratio of 1.4 and provide at least two external connections and a stub street.  In rural area types, streets in a development will have to provide at least two external connections and a stub street. Please note that there are provisions for individual street acceptance in the current draft regulation.

The connectivity requirements established in the current draft regulation are not absolutes but rather goals.  There are several circumstances that will allow these requirements to be reduced. These circumstances include: (i) physical impedances such as terrain, limited access highways, bodies of water; (ii) incompatible adjoining land uses; (iii) existing development; and, (iv) shape of the parcel being developed.

To see examples of link-node ratios click here.   (PDF, 221 KB)

Updates

• The CTB was briefed on the status of this regulation at its March 2008 meeting. Click here  (PDF, 162 KB) to view the presentation.
  

• The CTB was briefed on the status of this regulation at its February 2008 meeting. Click here   (PDF, 396 KB) to view the presentation.
  

• The CTB was briefed on the status of this regulation at its January 2008 meeting. Click here (PDF, 385 KB) to view the presentation.
  
  
• The CTB was briefed on the status of this regulation at its November 2007 meeting. Click here (PDF, 198 KB) to view the presentation.
  
  
• The CTB was briefed on the status of this regulation at its September 2007 meeting. Click here (PDF, 247 KB) to view the presentation.
  
  
• The CTB was briefed on the status of this regulation at its June 2007 meeting. Click here (PDF, 5.1 MB) to view the presentation.

Purpose

The intent of the regulation is to ensure that streets accepted into the state system for perpetual public maintenance provide commensurate public benefit. Among such other measures as the CTB may deem necessary or appropriate, the regulation shall include, but not be limited to (i) requirements to ensure the connectivity of road and pedestrian networks with the existing and future transportation network; (ii) provisions to minimize stormwater runoff and impervious surface area, and (iii) provisions for performance bonding of new secondary streets and associated cost recovery fees. Note: items (i), (ii), and (iii) shall hereafter be referred to as the "mandatory provisions."

With regard to "requirements to ensure the connectivity of road and pedestrian networks with the existing and future transportation network," the CTB will be considering the appropriate measures, calculations and other requirements necessary and incidental to road and pedestrian network connectivity. This will likely include conditions when sidewalks or other pedestrian accommodation will be required, other provisions related to improvement of conditions for non-motorized transportation. The CTB will also be considering methods for ensuring connectivity with existing and planned road networks and conditions when cul-de-sacs and other street segments that do not provide network connectivity will be accepted into the state system.

With regard to "provisions to minimize stormwater runoff and impervious surface area," the CTB will be considering reductions in minimum street width requirements and such other measures and practices as may be available for the reduction of stormwater runoff.

With regard to "provisions for performance bonding of new secondary streets and associated cost recovery fees," the CTB will examine and consider modifications to the current costs associated with the acceptance of subdivision streets into the state system, including administrative costs and other ongoing costs including maintenance, inspection and other costs. The Board will also examine and consider modifications to the current provisions regarding performance bonding.

In the development of this regulation the Board will be informed by approaches to the mandatory provisions above and other matters as applied in other states and jurisdictions. In particular, the Board calls public attention to the following regulatory documents, from which various concepts may be drawn.

Public Participation

The CTB encourages citizens and other stakeholders to submit comments throughout the development of this regulation.  In particular, comments regarding the current Subdivision Street Design Guide (Appendix B, Road Design Manual) (PDF, 572 KB) as well as methods to reduce stormwater runoff are encouraged. Comments may be submitted to SSARComments@vdot.virginia.gov.

The CTB previously solicited public comment, with particular and specific emphasis on (i) how to accomplish the specific mandatory provisions as established by § 33.1-70.3 B (as discussed above), (ii) other concepts or requirements that should be addressed in the new regulation, (iii) issues or concepts in the current Subdivision Street Requirements (24 VAC 30-91 available below) that should be modified or eliminated in the new requirements, (iv) comment on approaches to the mandatory provisions and other issues in the other regulatory documents listed above, and (v) comment on other best practices and approaches from other jurisdictions (available below).

The CTB encouraged those submitting comments to be as specific as possible, including – when applicable – the submission of suggested text for the regulation.

Additional opportunities for public comment will be provided as the development of this regulation proceeds.

Notice of Intent of Regulatory Action

Details (PDF, 57 KB)

Current Standards

24 VAC 30-91 - Subdivision Street Requirements (PDF, 521 KB)

Appendix B, Road Design Manual (PDF, 521 KB)

Documents From Other Juristictions

A Policy on Geometric Design of Highways and Streets (PDF, 521 KB)
American Association of State Highway and Transportation Officials, 2004

Alachua County Corridor Design Manual (PDF, 144 KB)
Alachua County, Florida, January 2003

Model Sustainable Development Ordinances (PDF, 1.03 MB)
Minnesota Environmental Quality Board, September 2000

Neighborhood Street Design Guidelines (PDF, 921 KB)
An Oregon Guide for Reducing Street Widths
Oregon Department of Transportation, Transportation and Growth Management Program, November 2002

Suffolk Unified Development Ordinance

• Street improvement standards  (PDF, 233 KB)

Note: These documents may contain provisions and requirements beyond the scope and/or jurisdiction of the CTB in the promulgation of this regulation.