HB5007: Zoning ordinance; locality may deny or modify if inadequate road capacity for proposed development.

HOUSE BILL NO. 5007
Offered March 27, 2006
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2286.1, relating to certain permitted provisions in a zoning ordinance.
Patrons-- Marshall, R.G. and Frederick; Senators: Cuccinelli and Hanger
Referred to Committee on Counties, Cities and Towns

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 15.2-2286.1 as follows:

§ 15.2-2286.1. Traffic Congestion and Safety.

A locality may provide in its zoning ordinance for the denial or modification of an application for rezoning when the existing and future transportation network, which will serve the proposed development, is inadequate to handle the anticipated transportation impact of the proposed development. In determining whether the transportation network, which will serve the proposed development, is inadequate, the locality shall provide in its zoning ordinance for the consideration of the following: (i) the locality's comprehensive plan, the Department of Transportation's secondary road and other transportation plans, or such other available information regarding the transportation network, which will serve the proposed development; (ii) whether the proposed development reduces the level of service in the existing and future transportation network, as determined by the locality in consultation with  appropriate transportation agencies; and (iii) whether the design and phasing of the proposed development, the funded capital improvements program, or other combination of public and private resources will  address the anticipated transportation impact of the proposed development.