§ 15.2-2223.1. Comprehensive plan to include urban development areas.
A. For purposes of this section:
"Commercial" means property devoted to usual and customary businesspurposes for the sale of goods and services and includes, but is not limitedto, retail operations, hotels, motels and offices. "Commercial" does notinclude residential dwelling units, including apartments and condominiums, oragricultural or forestal production, or manufacturing, processing,assembling, storing, warehousing, or distributing.
"Commission" means the Commission on Local Government.
"Developable acreage," solely for the purposes of calculating densitywithin the urban development area, means land that is not included in (i)existing parks, rights-of-way of arterial and collector streets, railways,and public utilities and (ii) other existing public lands and facilities.
"Population growth" means the difference in population from thenext-to-latest to the latest decennial census year, based on populationreported by the United States Bureau of the Census. In computing itspopulation growth, a locality may exclude the inmate population of any new orexpanded correctional facility that opened within the time period between thetwo censuses.
"Urban development area" means an area designated by a locality that is (i)appropriate for higher density development due to its proximity totransportation facilities, the availability of a public or community waterand sewer system, or a developed area and (ii) to the extent feasible, to beused for redevelopment or infill development.
B. Every locality that has adopted zoning pursuant to Article 7 (§ 15.2-2280et seq.) of this chapter and that (i) has a population of at least 20,000 andpopulation growth of at least five percent or (ii) has population growth of15 percent or more, shall, and any locality may, amend its comprehensive planto incorporate one or more urban development areas.
1. The comprehensive plan of a locality having a population of less than130,000 persons shall provide for urban development areas that areappropriate for development at a density on the developable acreage of atleast four single-family residences, six townhouses, or 12 apartments,condominium units, or cooperative units per acre, and an authorized floorarea ratio of at least 0.4 per acre for commercial development, or anyproportional combination thereof.
2. The comprehensive plan of a locality having a population of 130,000 ormore persons shall provide for urban development areas that are appropriatefor development at a density on the developable acreage of at least eightsingle-family residences, 12 townhouses, or 24 apartments, condominium units,or cooperative units per acre, and an authorized floor area ratio of at least0.8 per acre for commercial development, or any proportional combinationthereof.
3. The urban development areas designated by a locality shall be sufficientto meet projected residential and commercial growth in the locality for anensuing period of at least 10 but not more than 20 years, which may includephasing of development within the urban development areas. Where an urbandevelopment area in a county with the urban county executive form ofgovernment includes planned or existing rail transit, the planning horizonmay be for an ensuing period of at least 10 but not more than 40 years.Future residential and commercial growth shall be based on official estimatesof the Weldon Cooper Center for Public Service of the University of Virginiaor official projections of the Virginia Employment Commission or the UnitedStates Bureau of the Census.
4. The boundaries and size of each urban development area shall be reexaminedand, if necessary, revised every five years in conjunction with the review ofthe comprehensive plan and in accordance with the most recent availablepopulation growth estimates and projections.
5. The boundaries of each urban development area shall be identified in thelocality's comprehensive plan and shall be shown on future land use mapscontained in such comprehensive plan.
6. The comprehensive plan shall incorporate principles of traditionalneighborhood design in the urban development area, which may include but neednot be limited to (i) pedestrian-friendly road design, (ii) interconnectionof new local streets with existing local streets and roads, (iii)connectivity of road and pedestrian networks, (iv) preservation of naturalareas, (v) mixed-use neighborhoods, including mixed housing types, withaffordable housing to meet the projected family income distributions offuture residential growth, (vi) reduction of front and side yard buildingsetbacks, and (vii) reduction of subdivision street widths and turning radiiat subdivision street intersections.
7. The comprehensive plan shall describe any financial and other incentivesfor development in the urban development areas.
8. A portion of one or more urban development areas shall be designated as areceiving area for any transfer of development rights program established bythe locality.
C. No locality that has amended its comprehensive plan in accordance withthis section shall limit or prohibit development pursuant to existing zoningor shall refuse to consider any application for rezoning based solely on thefact that the property is located outside the urban development area.
D. Any locality that would be required to amend its plan pursuant tosubsection B that determines that its plan accommodates growth in a mannerconsistent with subsection B, upon adoption of a resolution describing suchaccommodation and describing any financial and other incentives fordevelopment in the areas that accommodate such growth, shall not be requiredto further amend its plan pursuant to subsection B. Any locality that hasadopted a resolution certifying compliance with subsection B prior toFebruary 1, 2010, shall not be required to comply with this subsection untilreview of the locality's comprehensive plan as provided for in provision 4 ofsubsection B.
E. Localities shall consult with adjacent localities, as well as the relevantplanning district commission and metropolitan planning organization, inestablishing the appropriate size and location of urban development areas topromote orderly and efficient development of their region.
F. Any county that amends its comprehensive plan pursuant to subsection B maydesignate one or more urban development areas in any incorporated town withinsuch county, if the council of the town has also amended its comprehensiveplan to designate the same areas as urban development areas with at least thesame density designated by the county. However, if a town has established anurban development area within its corporate boundaries, the county withinwhich the town is located shall not include the town's projected populationand commercial growth when initially determining or reexamining the size andboundary of any other urban development area within the county.
G. To the extent possible, federal, state and local transportation, housing,water and sewer facility, economic development, and other publicinfrastructure funding for new and expanded facilities shall be directed tothe urban development area, or in the case of a locality that adopts aresolution pursuant to subsection D, to the area that accommodates growth ina manner consistent with this section.
H. Documents describing all urban development area designations, as well asany resolution adopted pursuant to subsection D, together with associatedwritten policies, zoning provisions and other ordinances, and the capitalimprovement program shall be forwarded, electronically or by other means, tothe Commission within 90 days of the adoption or amendment of comprehensiveplans and other written policies, zoning provisions and other ordinances. TheCommission shall annually report to the Governor and General Assembly theoverall compliance with this section including densities achieved within eachurban development area. Before preparing the initial report, the Commissionshall develop an appropriate format in concert with the relevant planningdistrict commission. Other than the documents, policies, zoning provisionsand other ordinances, resolutions, and the capital improvement programforwarded by the locality, the Commission shall not impose an additionaladministrative burden on localities in preparing the annual report requiredby this subsection.
I. Any locality that becomes subject to provision 2 of subsection B shallhave until July 1, 2012, to amend its comprehensive plan in accordance withthis section.
J. Any locality that becomes subject to this section due to population growthshall have two years following the report of the United States Bureau of theCensus made pursuant to P.L. 94-171 to amend its comprehensive plan inaccordance with this section.
§ 15.2-2223.1. Comprehensive plan to include urban development areas.
A. For purposes of this section:
"Commercial" means property devoted to usual and customary businesspurposes for the sale of goods and services and includes, but is not limitedto, retail operations, hotels, motels and offices. "Commercial" does notinclude residential dwelling units, including apartments and condominiums, oragricultural or forestal production, or manufacturing, processing,assembling, storing, warehousing, or distributing.
"Commission" means the Commission on Local Government.
"Developable acreage," solely for the purposes of calculating densitywithin the urban development area, means land that is not included in (i)existing parks, rights-of-way of arterial and collector streets, railways,and public utilities and (ii) other existing public lands and facilities.
"Population growth" means the difference in population from thenext-to-latest to the latest decennial census year, based on populationreported by the United States Bureau of the Census. In computing itspopulation growth, a locality may exclude the inmate population of any new orexpanded correctional facility that opened within the time period between thetwo censuses.
"Urban development area" means an area designated by a locality that is (i)appropriate for higher density development due to its proximity totransportation facilities, the availability of a public or community waterand sewer system, or a developed area and (ii) to the extent feasible, to beused for redevelopment or infill development.
B. Every locality that has adopted zoning pursuant to Article 7 (§ 15.2-2280et seq.) of this chapter and that (i) has a population of at least 20,000 andpopulation growth of at least five percent or (ii) has population growth of15 percent or more, shall, and any locality may, amend its comprehensive planto incorporate one or more urban development areas.
1. The comprehensive plan of a locality having a population of less than130,000 persons shall provide for urban development areas that areappropriate for development at a density on the developable acreage of atleast four single-family residences, six townhouses, or 12 apartments,condominium units, or cooperative units per acre, and an authorized floorarea ratio of at least 0.4 per acre for commercial development, or anyproportional combination thereof.
2. The comprehensive plan of a locality having a population of 130,000 ormore persons shall provide for urban development areas that are appropriatefor development at a density on the developable acreage of at least eightsingle-family residences, 12 townhouses, or 24 apartments, condominium units,or cooperative units per acre, and an authorized floor area ratio of at least0.8 per acre for commercial development, or any proportional combinationthereof.
3. The urban development areas designated by a locality shall be sufficientto meet projected residential and commercial growth in the locality for anensuing period of at least 10 but not more than 20 years, which may includephasing of development within the urban development areas. Where an urbandevelopment area in a county with the urban county executive form ofgovernment includes planned or existing rail transit, the planning horizonmay be for an ensuing period of at least 10 but not more than 40 years.Future residential and commercial growth shall be based on official estimatesof the Weldon Cooper Center for Public Service of the University of Virginiaor official projections of the Virginia Employment Commission or the UnitedStates Bureau of the Census.
4. The boundaries and size of each urban development area shall be reexaminedand, if necessary, revised every five years in conjunction with the review ofthe comprehensive plan and in accordance with the most recent availablepopulation growth estimates and projections.
5. The boundaries of each urban development area shall be identified in thelocality's comprehensive plan and shall be shown on future land use mapscontained in such comprehensive plan.
6. The comprehensive plan shall incorporate principles of traditionalneighborhood design in the urban development area, which may include but neednot be limited to (i) pedestrian-friendly road design, (ii) interconnectionof new local streets with existing local streets and roads, (iii)connectivity of road and pedestrian networks, (iv) preservation of naturalareas, (v) mixed-use neighborhoods, including mixed housing types, withaffordable housing to meet the projected family income distributions offuture residential growth, (vi) reduction of front and side yard buildingsetbacks, and (vii) reduction of subdivision street widths and turning radiiat subdivision street intersections.
7. The comprehensive plan shall describe any financial and other incentivesfor development in the urban development areas.
8. A portion of one or more urban development areas shall be designated as areceiving area for any transfer of development rights program established bythe locality.
C. No locality that has amended its comprehensive plan in accordance withthis section shall limit or prohibit development pursuant to existing zoningor shall refuse to consider any application for rezoning based solely on thefact that the property is located outside the urban development area.
D. Any locality that would be required to amend its plan pursuant tosubsection B that determines that its plan accommodates growth in a mannerconsistent with subsection B, upon adoption of a resolution describing suchaccommodation and describing any financial and other incentives fordevelopment in the areas that accommodate such growth, shall not be requiredto further amend its plan pursuant to subsection B. Any locality that hasadopted a resolution certifying compliance with subsection B prior toFebruary 1, 2010, shall not be required to comply with this subsection untilreview of the locality's comprehensive plan as provided for in provision 4 ofsubsection B.
E. Localities shall consult with adjacent localities, as well as the relevantplanning district commission and metropolitan planning organization, inestablishing the appropriate size and location of urban development areas topromote orderly and efficient development of their region.
F. Any county that amends its comprehensive plan pursuant to subsection B maydesignate one or more urban development areas in any incorporated town withinsuch county, if the council of the town has also amended its comprehensiveplan to designate the same areas as urban development areas with at least thesame density designated by the county. However, if a town has established anurban development area within its corporate boundaries, the county withinwhich the town is located shall not include the town's projected populationand commercial growth when initially determining or reexamining the size andboundary of any other urban development area within the county.
G. To the extent possible, federal, state and local transportation, housing,water and sewer facility, economic development, and other publicinfrastructure funding for new and expanded facilities shall be directed tothe urban development area, or in the case of a locality that adopts aresolution pursuant to subsection D, to the area that accommodates growth ina manner consistent with this section.
H. Documents describing all urban development area designations, as well asany resolution adopted pursuant to subsection D, together with associatedwritten policies, zoning provisions and other ordinances, and the capitalimprovement program shall be forwarded, electronically or by other means, tothe Commission within 90 days of the adoption or amendment of comprehensiveplans and other written policies, zoning provisions and other ordinances. TheCommission shall annually report to the Governor and General Assembly theoverall compliance with this section including densities achieved within eachurban development area. Before preparing the initial report, the Commissionshall develop an appropriate format in concert with the relevant planningdistrict commission. Other than the documents, policies, zoning provisionsand other ordinances, resolutions, and the capital improvement programforwarded by the locality, the Commission shall not impose an additionaladministrative burden on localities in preparing the annual report requiredby this subsection.
I. Any locality that becomes subject to provision 2 of subsection B shallhave until July 1, 2012, to amend its comprehensive plan in accordance withthis section.
J. Any locality that becomes subject to this section due to population growthshall have two years following the report of the United States Bureau of theCensus made pursuant to P.L. 94-171 to amend its comprehensive plan inaccordance with this section.
§ 15.2-2223.1. Comprehensive plan to include urban development areas.
A. For purposes of this section:
"Commercial" means property devoted to usual and customary businesspurposes for the sale of goods and services and includes, but is not limitedto, retail operations, hotels, motels and offices. "Commercial" does notinclude residential dwelling units, including apartments and condominiums, oragricultural or forestal production, or manufacturing, processing,assembling, storing, warehousing, or distributing.
"Commission" means the Commission on Local Government.
"Developable acreage," solely for the purposes of calculating densitywithin the urban development area, means land that is not included in (i)existing parks, rights-of-way of arterial and collector streets, railways,and public utilities and (ii) other existing public lands and facilities.
"Population growth" means the difference in population from thenext-to-latest to the latest decennial census year, based on populationreported by the United States Bureau of the Census. In computing itspopulation growth, a locality may exclude the inmate population of any new orexpanded correctional facility that opened within the time period between thetwo censuses.
"Urban development area" means an area designated by a locality that is (i)appropriate for higher density development due to its proximity totransportation facilities, the availability of a public or community waterand sewer system, or a developed area and (ii) to the extent feasible, to beused for redevelopment or infill development.
B. Every locality that has adopted zoning pursuant to Article 7 (§ 15.2-2280et seq.) of this chapter and that (i) has a population of at least 20,000 andpopulation growth of at least five percent or (ii) has population growth of15 percent or more, shall, and any locality may, amend its comprehensive planto incorporate one or more urban development areas.
1. The comprehensive plan of a locality having a population of less than130,000 persons shall provide for urban development areas that areappropriate for development at a density on the developable acreage of atleast four single-family residences, six townhouses, or 12 apartments,condominium units, or cooperative units per acre, and an authorized floorarea ratio of at least 0.4 per acre for commercial development, or anyproportional combination thereof.
2. The comprehensive plan of a locality having a population of 130,000 ormore persons shall provide for urban development areas that are appropriatefor development at a density on the developable acreage of at least eightsingle-family residences, 12 townhouses, or 24 apartments, condominium units,or cooperative units per acre, and an authorized floor area ratio of at least0.8 per acre for commercial development, or any proportional combinationthereof.
3. The urban development areas designated by a locality shall be sufficientto meet projected residential and commercial growth in the locality for anensuing period of at least 10 but not more than 20 years, which may includephasing of development within the urban development areas. Where an urbandevelopment area in a county with the urban county executive form ofgovernment includes planned or existing rail transit, the planning horizonmay be for an ensuing period of at least 10 but not more than 40 years.Future residential and commercial growth shall be based on official estimatesof the Weldon Cooper Center for Public Service of the University of Virginiaor official projections of the Virginia Employment Commission or the UnitedStates Bureau of the Census.
4. The boundaries and size of each urban development area shall be reexaminedand, if necessary, revised every five years in conjunction with the review ofthe comprehensive plan and in accordance with the most recent availablepopulation growth estimates and projections.
5. The boundaries of each urban development area shall be identified in thelocality's comprehensive plan and shall be shown on future land use mapscontained in such comprehensive plan.
6. The comprehensive plan shall incorporate principles of traditionalneighborhood design in the urban development area, which may include but neednot be limited to (i) pedestrian-friendly road design, (ii) interconnectionof new local streets with existing local streets and roads, (iii)connectivity of road and pedestrian networks, (iv) preservation of naturalareas, (v) mixed-use neighborhoods, including mixed housing types, withaffordable housing to meet the projected family income distributions offuture residential growth, (vi) reduction of front and side yard buildingsetbacks, and (vii) reduction of subdivision street widths and turning radiiat subdivision street intersections.
7. The comprehensive plan shall describe any financial and other incentivesfor development in the urban development areas.
8. A portion of one or more urban development areas shall be designated as areceiving area for any transfer of development rights program established bythe locality.
C. No locality that has amended its comprehensive plan in accordance withthis section shall limit or prohibit development pursuant to existing zoningor shall refuse to consider any application for rezoning based solely on thefact that the property is located outside the urban development area.
D. Any locality that would be required to amend its plan pursuant tosubsection B that determines that its plan accommodates growth in a mannerconsistent with subsection B, upon adoption of a resolution describing suchaccommodation and describing any financial and other incentives fordevelopment in the areas that accommodate such growth, shall not be requiredto further amend its plan pursuant to subsection B. Any locality that hasadopted a resolution certifying compliance with subsection B prior toFebruary 1, 2010, shall not be required to comply with this subsection untilreview of the locality's comprehensive plan as provided for in provision 4 ofsubsection B.
E. Localities shall consult with adjacent localities, as well as the relevantplanning district commission and metropolitan planning organization, inestablishing the appropriate size and location of urban development areas topromote orderly and efficient development of their region.
F. Any county that amends its comprehensive plan pursuant to subsection B maydesignate one or more urban development areas in any incorporated town withinsuch county, if the council of the town has also amended its comprehensiveplan to designate the same areas as urban development areas with at least thesame density designated by the county. However, if a town has established anurban development area within its corporate boundaries, the county withinwhich the town is located shall not include the town's projected populationand commercial growth when initially determining or reexamining the size andboundary of any other urban development area within the county.
G. To the extent possible, federal, state and local transportation, housing,water and sewer facility, economic development, and other publicinfrastructure funding for new and expanded facilities shall be directed tothe urban development area, or in the case of a locality that adopts aresolution pursuant to subsection D, to the area that accommodates growth ina manner consistent with this section.
H. Documents describing all urban development area designations, as well asany resolution adopted pursuant to subsection D, together with associatedwritten policies, zoning provisions and other ordinances, and the capitalimprovement program shall be forwarded, electronically or by other means, tothe Commission within 90 days of the adoption or amendment of comprehensiveplans and other written policies, zoning provisions and other ordinances. TheCommission shall annually report to the Governor and General Assembly theoverall compliance with this section including densities achieved within eachurban development area. Before preparing the initial report, the Commissionshall develop an appropriate format in concert with the relevant planningdistrict commission. Other than the documents, policies, zoning provisionsand other ordinances, resolutions, and the capital improvement programforwarded by the locality, the Commission shall not impose an additionaladministrative burden on localities in preparing the annual report requiredby this subsection.
I. Any locality that becomes subject to provision 2 of subsection B shallhave until July 1, 2012, to amend its comprehensive plan in accordance withthis section.
J. Any locality that becomes subject to this section due to population growthshall have two years following the report of the United States Bureau of theCensus made pursuant to P.L. 94-171 to amend its comprehensive plan inaccordance with this section.
