CPPC 04-25-06 Meeting AgendaC is
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
k
MEMORANDUM
TO: Comprehensive Policy Plan Subcommittee
FROM: John A. Bishop, Transportation Planner
RE: April Transportation Committee Meeting
DATE: April 25, 2006
The Frederick Coupty Transportation Committee will be meeting along with the Comprehensive
Policy Plan Subcommittee at 10:00 a.m. on Tuesday, April 25, 2006 in the Board Room of the
Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The
agenda for the joint portion of the meeting is as follows:
AGENDA
Rural Transportation Planning Program
Please contact our department if you are unable to attend this meeting
Attachments
JAB/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
ITEM #1
Rural Transportation Planning Program
Staff has been working to develop a Rural Transportation Planning Program as currently allowed
under the Code of VA. This new program would not only allow the County to plan for rural road
projects, but also to identify a funding source consistent with the generators of the traffic. CPPS has
been invited to attend the presentation and take independent action on this item due to the fact that,
under the Code of VA, some elements of the program would need to be adopted into the
Comprehensive Policy Plan. Attached to this agenda you will find some of the baseline information
for the new program, including the applicable section of the Code of VA and a draft County
Ordinance. Staff will also be presenting a number of the planning level items detailing traffic shed
areas, planned projects and potential projects at the meeting. The Committees are requested to take
action to endorse or not endorse this program which will be sent to the Board of Supervisors for
consideration.
AS > Cade , f Virginia > 15.2-2317
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� 15.2-2317. Applicability of article.
Chis article shall apply to (i) any county having a population of 500,000 or more as determined by the most recent U.S.
-ensus, (ii) any county or city adjacent thereto, (iii) any city contiguous to such adjacent county or city, (iv) any town
within such county or an adjacent county, and (v) any county having a population between 58,000 and 62,000.
Che provisions of this article shall expire on July 1, 2003, if, prior to that date, no applicable locality has assessed and
mposed impact fees as provided in § 15.2-2319.
1989, c. 485, § 15.1-498.1; 1997, c. 587; 2000, c. 495.)
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§ 15.2-2318. Definitions.
As used in this article, unless the context requires a different meaning:
"Cost" includes, in addition to all labor, materials, machinery and equipment for construction, (i) acquisition of land,
rights-of-way, property rights, easements and interests, including the costs of moving or relocating utilities, (ii) demolition
:)r removal of any structure on land so acquired, including acquisition of land to which such structure may be moved, (iii)
Survey, engineering, and architectural expenses, (iv) legal, administrative, and other related expenses, and (v) interest
charges and other financing costs if impact fees are used for the payment of principal and interest on bonds, notes or other
obligations issued by the locality to finance the road improvement.
"Impact fee" means a charge or assessment imposed against new development in order to generate revenue to fund or
recover the costs of reasonable road improvements necessitated by and attributable to the new development. Impact fees
may not be assessed and imposed for road repair, operation and maintenance, nor to expand existing roads to meet
3emand which existed prior to the new development.
'Impact fee service area" means land designated by ordinance within a locality, having clearly defined boundaries and
-learly related traffic needs and within which development is to be subject to the assessment of impact fees.
'Road improvement" includes construction of new roads or improvement or expansion of existing roads as required by
applicable construction standards of the Virginia Department of Transportation to meet increased demand attributable to
aew development. Road improvements do not include on-site construction of roads which a developer may be required to
3rovide pursuant to § § 15.2-2241 through 15.2-2245.
;1989, c. 485, § 15.1-498.2; 1992, c. 465; 1997, c. 587.)
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GIS > Code of Virginia > 15.2-2319
§ 15.2-2319. Authority to assess and impose impact fees.
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Any applicable locality may, by ordinance pursuant to the procedures and requirements of this article, assess and impose
impact fees on new development to pay all or a part of the cost of reasonable road improvements attributable in
Substantial part to the new development.
Prior to the adoption of the ordinance, a locality shall establish an impact fee advisory committee. The committee shall be
-omposed of not less than five nor more than ten members appointed by the governing body of the locality and at least
Forty percent of the membership shall be representatives from the development, building or real estate industries. The
Manning commission or other existing committee that meets the membership requirements may serve as the impact fee
idvisory committee. The committee shall serve in an advisory capacity to assist and advise the governing body of the
locality with regard to the ordinance. No action of the committee shall be considered a necessary prerequisite for any
action taken by the locality in regard to the adoption of an ordinance.
1989, c. 485, § 15.1-498.2; 1992, c. 465; 1997, c. 587.)
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JS > Code of Virginia > 15.2-2320
3 15.2-2320. Impact fee service areas to be established.
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Fhe locality shall delineate one or more impact fee service areas within its jurisdiction. Impact fees collected from new
ievelopment within an impact fee service area shall be expended for road improvements within that impact fee service
area. An impact fee service area may encompass more than one road improvement project.
1989, c. 485, § 15.1-498.3; 1992, c. 465; 1997, c. 587.)
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JS > (ode of Virginia > 15.2-2321
15.2-2321. Adoption of road improvements program.
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"rior to adopting a system of impact fees, the locality shall conduct an assessment of road improvement needs within an
mpact fee service area and in the locality and shall adopt a road improvements plan for the area showing the new roads
)roposed to be constructed and the existing roads to be improved or expanded and the schedule for undertaking such
;onstruction, improvement or expansion. The road improvements plan shall be adopted as an amendment to the required
;omprehensive plan and shall be incorporated into the capital improvements program or, in the case of the counties where
applicable, the six-year plan for secondary road construction pursuant to § 33.1-70.01.
Che locality shall adopt the road improvements plan after holding a duly advertised public hearing. The public hearing
iotice shall identify the impact fee service area or areas to be designated, and shall include a summary of the needs
assessment and the assumptions upon which the assessment is based, the proposed amount of the impact fee, and
nformation as to how a copy of the complete study may be examined. A copy of the complete study shall be available for
)ublic inspection and copying at reasonable times prior to the public hearing.
Che locality at a minimum shall include the following items in assessing road improvement needs and preparing a road
mprovements plan:
1. An analysis of the existing capacity, current usage and existing commitments to future usage of existing roads, as
ndicated by (i) current valid building permits outstanding, (ii) approved conditional rezonings, special exceptions, and
>pecial use permits, and (iii) approved site plans and subdivision plats. If the current usage and commitments exceed the
;xisting capacity of the roads, the locality also shall determine the costs of improving the roads to meet the demand. The
analysis shall include a plan to fund the current usages and commitments that exceed the existing capacity of the roads.
Z. The projected need for and costs of construction of new roads or improvement or expansion of existing roads
ittributable in whole or in part to projected new development. Road improvement needs shall be projected for the impact
=ee service area when fully developed in accord with the comprehensive plan and, if full development is projected to
)ccur more than ten years in the future, at the end of a ten-year period. The assumptions with regard to land uses,
lensities, intensities, and population upon which road improvement projections are based shall be presented.
3. The total number of new service units projected for the impact fee service area when fully developed and, if full
levelopment is projected to occur more than ten years in the future, at the end of a ten-year period. A "service unit" is a
;tandardized measure of traffic use or generation. The locality shall develop a table or method for attributing service units
.o various types of development and land use, including but not limited to residential, commercial and industrial uses. The
:able shall be based upon the ITE manual (published by the Institute of Transportation Engineers) or locally conducted
:rip generation studies.
1989, c. 485, § 15.1-498.4; 1992, c. 465; 1997, c. 587.)
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JS > Code of Virginia > 15.2-2322
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15.2-2322. Adoption of impact fee and schedule.
kfter adoption of a road improvement program, the locality may adopt an ordinance establishing a system of impact fees
o fund or recapture all or any part of the cost of providing reasonable road improvements required by new development.
Che ordinance shall set forth the schedule of impact fees.
1989, c. 485, § 15.1-498.5; 1997, c. 587.)
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LIS > Code of Virginia > 15.2-2323
§ 15.2-2323. When impact fees assessed and imposed.
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The amount of impact fees to be imposed on a specific development or subdivision shall be determined before or at the
Lime the site plan or subdivision is approved. The ordinance shall specify that the fee is to be collected at the time of the
issuance of a certificate of occupancy. The ordinance shall provide that fees (i) may be paid in lump sum or (ii) be paid on
installment at a reasonable rate of interest for a fixed number of years. The locality by ordinance may provide for
negotiated agreements with the owner of the property as to the time and method of paying the impact fees.
The maximum impact fee to be imposed shall be determined (i) by dividing projected road improvement costs in the
service area when fully developed by the number of projected service units when fully developed, or (ii) for a reasonable
period of time, but not less than ten years, by dividing the projected costs necessitated by development in the next ten
years by the service units projected to be created in the next ten years.
The ordinance shall provide for appeals from administrative determinations, regarding the impact fees to be imposed, to
the governing body or such other body as designated in the ordinance. The ordinance may provide for the resolution of
disputes over an impact fee by arbitration or otherwise.
No impact fees shall be assessed or imposed upon a development or subdivision if the subdivider or developer has
proffered conditions pursuant to § § 15.2-2298 or 15.2-2303 for off-site road improvements and the proffered conditions
have been accepted by the local government.
(1989, c. 485, § 15.1-498.6; 1992, c. 465; 1997, c. 587.)
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LIS > Code of Virginia > 15.2-2324
§ 15.2-2324. Credits against impact fee.
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The value of any dedication, contribution or construction from the developer for off-site road improvements within the
impact fee service area shall be treated as a credit against the impact fees imposed on the developer's project. The locality
may by ordinance provide for credits for approved on-site improvements in excess of those required by the development.
The locality also shall calculate and credit against impact fees the extent to which (i) developments have already
;.ontributed to the cost of existing roads which will serve the development, (ii) new development will contribute to the
;,ost of existing roads, and (iii) new development will contribute to the cost of road improvements in the future other than
through impact fees.
(1989, c. 485, § 15.1-498.7; 1992, c. 465; 1997, c. 587.)
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JS > Code of Virginia > 15.2-2325
3 15.2-2325. Updating plan and amending impact fee.
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the locality shall update the needs assessment and the assumptions and projections at least once every two years. The
-oad improvement plan shall be updated at least every two years to reflect current assumptions and projections. The
mpact fee schedule may be amended to reflect any substantial changes in such assumptions and projections.
1989, c. 485, § 15.1-498.8; 1997, c. 587.)
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JS > Code of Virginia > 15.2-2326
3 15.2-2326. Use of proceeds.
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k separate road improvement account shall be established for the impact fee service area and all funds collected through
.mpact fees shall be deposited in the interest-bearing account. Interest earned on deposits shall become funds of the
account. The expenditure of funds from the account shall be only for road improvements within the impact fee service
area as set out in the road improvement plan for the impact fee service area.
1989, c. 485, § 15.1-498.9; 1992, c. 465; 1997, c. 587.)
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JS > Code of Virginia > 15.2-2327
15.2-2327. Refund of impact fees.
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Che locality shall refund any impact fee or portion thereof for which construction of a project is not completed within a
•easonable period of time, not to exceed fifteen years.
Jpon completion of a project, the locality shall recalculate the impact fee based on the actual cost of the improvement. It
;hall refund the difference if the impact fee paid exceeds actual cost by more than fifteen percent. Refunds shall be made
o the record owner of the property at the time the refund is made.
1989, c. 485, § 15.1-498.10; 1992, c. 465; 1997, c. 587.)
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IAS > Code of Virginia > 15.2-2400
15.2-2400. Creation of service districts.
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any locality may by ordinance, or any two or more localities may by concurrent ordinances, create service districts within
he locality or localities in accordance with the provisions of this article. Service districts may be created to provide
additional, more complete or more timely services of government than are desired in the locality or localities as a whole.
any locality seeking to create a service district shall have a public hearing prior to the creation of the service district.
slotice of such hearing shall be published once a week for three consecutive weeks in a newspaper of general circulation
within the locality, and the hearing shall be held no sooner than ten days after the date the second notice appears in the
iewspaper.
;Code 1950, § 15-8.2; 1962, c. 581, § 15.1-18.2; 1981, c. 631, § 15.1-18.3; 1982, c. 96; 1984, c. 385; 1985, c. 150; 1987,
;c. 61, 80, 82; 1988, c. 402; 1989, c. 3; 1990, cc. 44, 515; 1991, cc. 12, 29; 1992, cc. 232, 655; 1993, c. 744; 1994, c. 166;
1996, cc. 99, 430, 844; 1997, c. 587; 2000, cc. 853, 925.)
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� 15.2-2402. Description of proposed service district.
kny ordinance or petition to create a service district shall:
L Set forth the name and describe the boundaries of the proposed district and specify any areas within the district that are
o be excluded;
L Describe the purposes of the district and the facilities and services proposed within the district;
3. Describe a proposed plan for providing such facilities and services within the district; and
1. Describe the benefits which can be expected from the provision of such facilities and services within the district.
"Code 1950, § 15-8.2; 1962, c. 581, § 15.1-18.2; 1985, c. 150; 1988, c. 402; 1990, c. 515; 1991, cc. 12, 29; 1992, cc. 232,
555; 1993, c. 744; 1994, c. 166; 1996, c. 430; 1997, c. 587; 2000, cc. 853, 925.)
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Chapter ?
IMPACT FEES
Article 1. Road Impact Fees
Sec. ?-1. Short Title, authority, and applicability.
(a) This article shall be known and may be cited as the "Road Impact Fee
Ordinance."
(b) The Board of Supervisors has the authority to adopt this ordinance pursuant
to § 15.2-2317 of the Code of Virginia, (1950), as amended.
(c) Except as specifically provided herein, this ordinance shall apply upon the
effective date thereof, to new development of all land contained in a
designated impact fee service area in Frederick County to generate revenue to
fund or recover the costs of reasonable road improvements necessitated by
and attributable to new development.
Sec. ?-2. Definitions.
(a) "Cost" includes, in addition to all labor, materials, machinery and equipment
for construction, (1) acquisition of land, rights-of-way, property rights,
easements and interests, including the cost of moving or relocating utilities;
(ii) demolition or removal of any structure on land so acquired, including
acquisition of land to which such structure may be moved; (iii) survey,
engineering, and architectural expenses; (iv) legal, administrative, and other
related expenses; and (v) interest charges and other financing costs if impact
fees are used for the payment of principal and interest on bonds, notes or
other obligations issued by the locality to finance the road improvement.
(b) Impact Fee means a charge or assessment imposed against new development
contained in a designated impact fee service area in order to generate revenue
to fund or recover the costs of reasonable road improvements necessitated by
and attributable to the new development in said area. Impact fees may not be
assessed and imposed for road repair, operation and maintenance, nor to
expand existing roads to meet the demand that existed prior to the new
development.
(c) New Development means all new use and development of lands in a
designated impact fee service area except for new development by religious
organizations exempt from taxation under Article X, Section 6 of the
Constitution of Virginia, and new development designated in the County's
Capital Improvements Program to be financed and constructed with public
funds.
(d) Impact Fee Service Area means land designated by ordinance within the
County, having clearly defined boundaries and clearly related traffic needs
and within which development is to be subject to the assessment of impact
fees.
(e) Road Improvement includes construction of new roads or improvement or
expansion of existing roads as required by applicable construction standards
of the Virginia Department of Transportation to meet increased demand
attributable to new development. Road improvements do not include on-site
construction of roads that a developer may be required to provide pursuant to
§§ 15.2-2241 through 15.2-2245.
Sec. ?-3. Imposition of road impact fees.
(a) Except as provided in Section ?-7 of this article, any person who, after the
effective date of this article seeks to engage in new development in
designated impact fee service area by applying to Frederick County for the
approval of a subdivision plat or plan of development, or the issuance of a
building permit shall be required to pay a road impact fee in the manner and
amount set forth in this article.
(b) No occupancy permit for any activity requiring payment of a road impact fee
in a designated impact fee service area shall be issued unless and until the
road impact fee has been paid as provided herein.
Sec. ?-4. Road impact service area.
There are hereby established road impact fee service areas in the western portion of
the County as more particularly designated in the attached Exhibit A.
Sec. ?-5. Road impact fee schedule.
(a) The amount of the road impact fee shall be determined by the schedule
attached to this ordinance as Exhibit B, which is incorporated herein by
reference.
(b) The amount of road impact fees. to be imposed for a specific project or
development shall be determined as provided by the schedule before or at the
time the subdivision plat or site plan is approved. For projects or
developments where the subdivision plat or the site plan was approved prior
to the effective date of this article, or for specific projects for which no
subdivision plat or site plan is required, the amount of the road impact fee or
fees shall be determined as provided by the schedule at the time of issuance
of any building permit or permits.
Sec. ?-6. When road impact fees to be paid.
Road impact fees shall be paid in full to the County prior to issuance of a building
permit unless the County Administrator has agreed to accept installment payments at a
reasonable rate of interest for a fixed number of years.
Sec. ?-7. Credits against road impact fees.
(a) Credit shall be given for the cost of any dedication, contribution or
construction by a property owner for approved off-site road improvements
within the impact fee service area. As a condition of receiving this credit, the
property owner shall provide the County with an engineer's certificate of the
cost for said offsite improvements with supporting documentation
satisfactory to the County.
(b) To the extent that credits have not previously been considered under sub-
paragraph (b) above, credits shall also be calculated and applied against road
impact fees to the extent that (i) new development has already contributed to
the cost of existing roads which will serve the development; (ii) new
development will contribute to the cost of existing roads; and (iii) new
development will contribute to the cost of road improvements in the future
other than through impact fees.
Sec. M. Exemption from payment of road impact fees.
No road impact fee shall be assessed or imposed upon new development if the owner
or developer has proffered conditions pursuant to §§ 15.2-2298 or 15.2-2303 of the Code of
Virginia, (1950), as amended, for off-site road improvements, and the proffered conditions
have been accepted by the County.
Sec. M. Road impact fee trust fund.
(a) There are hereby established road impact fee trust funds for the impact fee
service areas as set forth above.
(b) All funds collected through road impact fees shall be deposited in an interest
bearing account for the benefit of the impact fee service areas. Interest earned
on each deposit shall become funds of the account.
(c) The expenditure of funds from the account shall be only for road
improvements within the designated impact fee service area as set forth in the
road improvement plan for said area.
Sec. ?-10. Refund of road impact fees.
(a) The County shall refund all or a pro -rata portion of any road impact fee with
any interest earned if construction of a project within the designated impact
fee service area which was proposed at the time the fee was imposed is not
substantially completed within 15 years after the time the fee was paid.
(b) Upon completion of a major project, the County shall recalculate the road
impact fee based on the actual cost of the improvements, and refund any
difference if the road impact fee exceeds the actual costs by more than fifteen
percent.
(c) Any refunds shall be made to the record owner of the property at the time the
refund is required to be made.
Sec. ?-11. Appeals.
(a) There is hereby established the Impact Fee Appeals Board. The Board shall
consist of five (5) members including the County Administrator or his
designee, the County Treasurer, the VDOT Resident Engineer or his
designee, and two citizens appointed by the Board of Supervisors, one of
whom shall be a representative from the development industry.
(b) Any person aggrieved by any administrative decision or determination
regarding the imposition of road impact fees may appeal to the Road Impact
Fee Appeals Board.
(c) The appeal shall be taken within thirty (30) days after the decision or
determination appealed from by filing with the County Administrator a notice
of appeal specifying the grounds thereof.
(d) Upon receipt of a notice of appeal, the Board shall set and hold a hearing to
consider the appeal within sixty (60) days. The Board shall issue its written
decision on the appeal within thirty (30) days following the completion of the
hearing.
Sec. ?-12. Updating plan and amending road impact fees.
(a) The County shall update the needs assessment and the assumptions and
projections underlying the road impact fee schedule at least once every two
(2) years.
(b) The road improvement plan shall be updated at least every two (2) years to
reflect the current assumptions and projections.
(c) The Road Impact Fee Schedule may be amended to reflect any substantial
changes in such assumption and projections.
Sec. ?-13. Severability.
If any section, phrase, sentence, or portion of this article is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
Sec. ?-14. Effective date.
This ordinance assessing and imposing impact fees on new development shall
become effective on June 30, 2006.
Notes of CPPS & Transportation Committee Meeting April 25, 2005 at 10:00 a.m.
Transportation Planner John Bishop gave an overview of the state legislation that enabled
Frederick County to adopt a Transportation Impact Program. He noted the history of the
legislation and the recent act by the Governor, allowing Frederick County to enact a program.
He explained that the impact fees could not be used to correct existing problems, but to address
problems resulting from future development. If the money is not spent in 15 years it must be
returned.
Planner Bishop described the actions necessary to adopt a program:
• A committee of 5-10 members with 40% from the development industry. The
Transportation Committee could fill this role.
• A plan - this includes changes to the Comprehensive Policy Plan, changes to Capital
Improvements Plan and changes to the Six Year Road Plan.
• Changes to the County Ordinance, including establishment of impact fee service areas.
• An appeals Board.
Planner Bishop noted that only Stafford County had adopted such a program and he went on the
give specifics of Stafford's program.
Planner Bishop showed a draft map of possible rural service areas.
Members of the two committees had many questions for Planner Bishop. Planner Bishop
verified that this program could not be used for the same projects for which transportation
proffers were being collected. It could be used in the UDA, but would likely be implemented
first in the RA.
The next step is to hold a joint work session with the Planning Commission and the Board of
Supervisors.
The meeting ended at 11:15 am.
M