TC 01-28-08 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Frederick County Transportation Committee
FROM: John A. Bishop, AICP, Deputy Director - Transportation\
RE: January 28, 2008 Transportation Committee Meeting
DATE: January 22, 2008
The Frederick County Transportation Committee will be meeting at 8:30 a.m. on Monday,.January
22008 in the Board Room of the Frederick County Administration Building, 107 North Kent
Street, Winchester, Virginia.
AGENDA
1. February Meeting Date
2. Date and Time for Review of Rt. 37 Report
3. Transportation Impact Fees
4. Transportation Authorities
5. Triangle Area Land Use Plan
6. Consideration of Limited Access Break at the intersection of Rt. 11 and Rt. 37
7. Legislative Update
8. Article Review
9. Other
Please contact our department if you are unable to attend this meeting.
Attachments
JAB/bad
107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000
Item 1: February Meeting Date
When setting the 2008 meeting dates, staff inadvertently placed the February meeting on a holiday.
Proposed time is 8:30 on all dates.
Some potential alternative dates are as follow:
Thursday, February 21, 2008
Wednesday, February 27, 2008
Thursday, February 28, 2008
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Item 2: Date and Time for Review of Rt. 37 Report
Staff has been asked to present the Route 37 Access Management Study final report to the
Transportation Committee and to make that presentation available to the local officials of
Winchester and Stephens City. In order to make that meeting as accessible as possible, staff is
suggesting a special meeting of the Transportation Committee to be held in the evening sometime
during the week of February I I-15. In addition to this local forum exercise, staff will be seeking
recommended comments on the study from the Transportation Committee to be sent forward to the
Board of Supervisors.
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Item 3: Transportation Impact Fees
At the January 9, 2008 meeting of the Board of Supervisors, the Transportation Committee was
directed to continue work on the evaluation of Transportation Impact Fees. In this packet, staff is
including the legislation and some previous work done as a refresher. We will also be bringing new
material to the meeting. To expedite the completion of this effort, staff would suggest the creation of
a working group that can meet on a weekly or biweekly basis and report back to the full Committee.
Of course, all members who wanted to attend the meetings of the working group would be welcome.
C!
MEMORANDUM
TO: John R. Riley Jr., County Administrator
FROM: John A. Bishop, Transportation Planner
RE: Transportation Impact Fees
DATE: March 13, 2006
As per your request, I have been researching the implementation of Transportation Impact Fees
as currently enabled in state law. I'm also attaching the documentation provided to me by
Stafford County and a copy of the current state legislation to which changes have recently been
adopted which change the population criteria from `most recent census' to `per 1990 census
figures'.
Requirements to assess transportation impact fees are as follows per state legislation:
1. Prior to adoption of an ordinance the locality must create a Transportation Impact
Fees Committee comprised of no less than 5 and no more than 10 members with
at least 40% of membership made up of members of the development, building, or
real estate industries. This can be an existing committee in the locality so long as
the membership requirements are met. This committee would act as an advisory
committee to the BOS.
2. The locality must delineate one or more impact fee service areas within the
jurisdiction. For example Stafford has 2 areas defined in rural areas of the county
with the rest of the jurisdiction depending more on proffers and not collecting
fees. Fees collected within a service area must be expended within that service
area.
3. Prior to adopting a system of impact fees, the locality must conduct an assessment
of road improvement needs within an impact fee service are and in the locality
and shall adopt a road improvements plan for the area showing the new roads
U:\BISHOPTAPACT FEESUWACT FEES MEMODOC
proposed to he constructed and the existing roads to be improved or expanded and
the schedule for undertaking the improvements. This plan would need to be
adopted as an amendment to the comprehensive plan and incorporated into the
CIP. This does not necessarily state that we would need to undertake a full blown
modeling analysis, but I don't really know how else we would undertake this
requirement. This analysis and plan is required to be updated every two years.
After adoption of the road improvements program, the locality may adopt an
ordinance establishing a system of impact fees.
Based upon my interpretation of the ordinance it appears that all that is required to adopt the
ordinance itself would be creation of the committee. However, we could not actually adopt the
fee structure until task 2 and 3 are complete.
Other requirements, allowances, and staff observations:
• No double dipping. You cannot collect impact fees from developments that have
proffered (and had accepted by the county) off site road improvements.
• You must give credit against the impact fee for off site improvements that are done.
• The fee is applicable to all property, not just rezoning and is due and payable at issuance
of the building permit.
• Stafford County still relies on proffers at rezonings and has found that those proffers
greatly outstrip any use of an impact fee for those properties. In addition, from what I've
been able to gather, the reason that the Northern Virginia localities, to which the
ordinance was originally targeted, have not put it into action is that they are doing so well
with proffers and did not feel the extra effort would be justifiable for the return.
• You cannot use the funds to address existing issues. You must create your fees based on
units of impact which represent how much impact the new development will have on the
road system. It is for this reason that Stafford has focused its efforts on rural areas of
their county. It was simply easier to establish impact per unit in rural areas without
worrying about applying fees to areas already proffered.
• You must establish a separate road improvement account for the impact fee service areas
and all funds collected shall be deposited in that interest bearing account.
• You must refund any impact fee or portion thereof for which construction of a project is
not completed within a reasonable period of time, not to exceed 15 years and upon
completion of a project the locality shall recalculate the impact fee based upon actual cost
of improvements and refund the difference if the impact fee exceeds actual cost by more
than 15%. Refunds are made to property owner of record at the time the refund is made.
• You must hold public hearings prior to completion of your service district.
As mentioned above I am also attaching a copy of the statute and materials I have obtained from
Stafford County including their ordinance.
Attachments
U:UiISHOPUMPACT FEESUMPACT FEES MEMO. DOC
MEMORANDUM
TO: John R. Riley Jr., County Administrator
FROM: John A. Bishop, Transportation Planner
RE: Transportation Impact Fees
DATE: April 6, 2006
As per your request, I am submitting this recommended schedule of activities that would be
necessary to adopt a Transportation Impact Fee ordinance at a June 2006 Board of Supervisors
meeting.
As mentioned in previous communications based upon staff review of the state code, there are a
number of requirements that need to be met to fully implement a Transportation Impact Fee
ordinance. They are as follows:
1. Creation of a Transportation Impact Fee Committee (recommend designating
Transportation Committee)
2. Drafting and adoption of the ordinance.
3. Designation of Impact Fee Service Areas (current staff strategy is to break up areas
outside the UDA into logical traffic shed areas. These are adopted as an attachment to
the ordinance. A public hearing is required to adopt these areas.
4. Creation of a Transportation Plan that will be incorporated into the comprehensive plan
and added to the Capital Improvements Program. These actions are also public hearing
items.
5. Actual adoption of the Fees themselves as another attachment to the ordinance.
U:\BISHOP\IMPACT FEES\IMPACT FEE WORK SCHEDULE.DOC
Clearly there is a lot involved in trying to get this implemented in the current time line. We will
not be facing this constraint should the Governor add and the State Legislature accept the
addition of Frederick County to the State Code.
In preparation for those necessary steps, Staff is working to complete the following prior to
beginning the schedule of meetings to be listed below.
1. Writing of draft ordinance.
2. Analysis of areas outside the UDA to determine logical Impact Fee Service Areas.
3. Sketch planning and analysis on those determined Impact Fee Areas to project growth
and traffic impacts of that growth.
4. Creation of a rural area transportation plan to recommend improvements to address
projected transportation system shortfalls due to growth with costs of improvements
for inclusion into the Comprehensive Plan and the CIP.
5. Identification of unit cost by land use type to determine a fee that reflects how much
new development should pay on a per-unit basis. That fee should be a reflection of
each unit's impact into the developing need for new or improved roadways.
The necessary meeting schedule for a June adoption is as follows. Obviously, this is a very tight
schedule with little room for error or delays. As stated in previous communication staff
interpretation of the code allows that there is a possibility that all that would be needed to at least
get an ordinance on the books without the clout behind it of the service areas and actual fee
structure would be to create a Transportation Impact Fee Committee and adopt the ordinance.
However, in Stafford county, which is the only other locality that has put this code into action in
their county, all the requirements were put in place and adopted together. Without a qualified
legal opinion on the issue, staff will continue to follow the strategy of having all facets in place
in June.
April 25, 2006 — Joint Transportation Committee Meeting with CPPS to vote on a
recommendation to the Board for the ordinance. This would be at the regularly scheduled
transportation committee meeting time. Due to the large time commitment likely to be required
by this item, the Transportation Committee will need to have an additional meeting either before
or after this meeting to cover other pressing business before that committee.
Early May 2006 — Joint Board of Supervisors and Planning Commission work session to review
and discuss the ordinance.
June 7, 2006 — Planning Commission public hearing and vote
June 14, 2006 — Board of supervisors public hearing and vote
UABISHOP\IMPACT FEESUWACT FEE WORK SCHEDULE.DOC
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. ?-8. 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. ?-9. 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. ?-1 1. 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.
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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 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.
"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 benefiting the new development.
Impact fees may not be assessed and imposed for road repair, operation and maintenance, nor to meet
demand which existed prior to the new development.
"Impact fee service area" means an area designated within the comprehensive plan of a locality having
clearly defined boundaries and clearly 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
and related appurtenances as required by applicable standards of the Virginia Department of
Transportation, or the applicable standards of a locality with road maintenance responsibilities, to meet
increased demand attributable to new development. Road improvements do not include on-site
construction of roads which a developer may be required to provide pursuant to §§ 15.2-2241 through
15.2-2245.
(1989, c. 485, § 15.1-498.2; 1992, c. 465; 1997, c. 587; 2007, c. 896.)
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§ 15.2-2319. Authority to assess and impose impact fees.
Any applicable locality may, by ordinance pursuant to the procedures and requirements of this article,
assess and impose impact fees on new deve_.lopment to pay all or apart of the cost of reasonable road
improvements that benefit the new development.
Prior to the adoption of the ordinance, a locality shall establish an impact fee advisory committee. The
committee shall be composed 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 planning commission or other existing
committee that meets the membership requirements may serve as the impact fee advisory 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; 2007, c. 896.)
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§ 15.2-2320. Impact fee service areas to be established
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The locality shall delineate one or more impact fee service areas within its comprehensive plan. Impact
fees collected from new development within an impact fee service area shall be expended for road
improvements benefiting that impact fee service area. An impact fee service area may encompass more
than one road improvement project. A locality may exclude urban development areas designated
pursuant to § 15.2-2223.1 from impact fee service areas.
(1989, c. 485, § 15.1-498.3; 1992, c. 465; 1997, c. 587; 2007, c. 896.)
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§ 15.2-2321. Adoption of road improvements program.
Prior to adopting a system of impact fees, the locality shall conduct an assessment of road improvement
needs benefiting an impact fee service area and shall adopt a road improvements plan for the area
showing the new roads proposed to be constructed and the existing roads to be improved or expanded
and the schedule for undertaking such construction, improvement or expansion. The road improvements
plan shall be adopted as an amendment to the required comprehensive 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 § 33.1-7o.o1.
The locality shall adopt the road improvements plan after holding a duly advertised public hearing. The
public hearing notice 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 information as to how a copy of the complete study may be
examined. A copy of the complete study shall be available for public inspection and copying at
reasonable times prior to the public hearing.
The locality at a minimum shall include the following items in assessing road improvement needs and
preparing a road improvements plan:
1. An analysis of the existing capacity, current usage and existing commitments to future usage of
existing roads, as indicated by (i) current and projected service levels, (ii) current valid building permits
outstanding, and (iii) approved and pending site plans and subdivision plats. If the current usage and
commitments exceed the existing capacity of the roads, the locality also shall determine the costs of
improving the roads to meet the demand. The analysis shall include any off-site road improvements or
cash payments for road improvements accepted by the locality and shall include a plan to fund the
current usages and commitments that exceed the existing capacity of the roads.
2. The projected need for and costs of construction of new roads or improvement or expansion of
existing roads attributable in whole or in part to projected new development. Road improvement needs
shall be projected for the impact fee service area when fully developed in accord with the
comprehensive plan and, if full development is projected to occur more than 20 years in the future, at the
end of a 20 -year period. The assumptions with regard to land uses, densities, 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 development is projected to occur more than 20 years in the future, at the end of a 20 -year
period. A "service unit" is a standardized measure of traffic use or generation. The locality shall develop
a table or method for attributing service units to various types of development and land use, including
but not limited to residential, commercial and industrial uses. The table shall be based upon the ITE
manual (published by the Institute of Transportation Engineers) or locally conducted trip generation
studies, and consistent with the traffic analysis standards adopted pursuant to § 15.2-2222.1.
(1989, c. 485, § 15.1-498.4; 1992, c. 465; 1997, c. 587; 2007, c. 896.)
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§ 15.2-2322. Adoption of impact fee and schedule.
After adoption of a road improvement program, the locality may adopt an ordinance establishing a
system of impact fees to fund or recapture all or any part of the cost of providing reasonable road
improvements benefiting new development. The ordinance shall set forth the schedule of impact fees.
(1989, c. 485, § 15.1-498.5; 1997, c. 587; 2007, c. 896.)
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§ 15.2-2323. When impact fees assessed and imposed.
The amount of impact fees to be imposed on a specific development or subdivision shall be determined
before or at the time 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 building permit. 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 impact fee 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.
(1989, c. 485, § 15.1-498.6; 1992, c. 465; 1997, c. 587; 2007, c. 896.)
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§ 15.2-2324. Credits against impact fee.
The value of any dedication, contribution or construction from the developer for off-site road or other
transportation improvements benefiting the impact fee service area shall be treated as a credit against the
impact fees imposed on the developer's project. The locality shall treat as a credit any off-site
transportation dedication, contribution, or construction, whether it is a condition of a rezoning or
otherwise committed to the locality. The locality may by ordinance provide for credits for approved on-
site transportation improvements in excess of those required by the development.
The locality also shall calculate and credit against impact fees the extent to which (i) other developments
have already contributed to the cost of existing roads which will benefit 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, including any special taxing
districts, special assessments, or community development authorities.
(1989, c. 485, § 15.1-498.7; 1992, c. 465; 1997, c. 587; 2007, c. 896.)
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§ 15.2-2325. Updating plan and amending impact fee.
The locality shall update the needs assessment and the assumptions and projections at least once every
two years. The road improvement plan shall be updated at least every two years to reflect current
assumptions and projections. The impact fee schedule may be amended to reflect any substantial
changes in such assumptions and projections. Any impact fees not yet paid shall be assessed at the
updated rate.
(1989, c. 485, § 15.1-498.8; 1997, c. 587; 2007, c. 896.)
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§ 15.2-2326. Use of proceeds.
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A separate road improvement account shall be established for the impact fee service area and all funds
collected through impact 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 benefiting 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; 2007, c. 896.)
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§ 15.2-2327. Refund of impact fees.
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The locality shall refund any impact fee or portion thereof for which construction of a project is not
completed within a reasonable period of time, not to exceed fifteen years. In the event that impact fees
are not committed to road improvements benefiting the impact fee service area within seven years from
the date of collection, the locality may commit any such impact fees to the secondary or urban system
construction program of that locality for road improvements that benefit the impact fee service area.
Upon completion of a project, the locality shall recalculate the impact fee based on the actual cost of the
improvement. It shall refund the difference if the impact fee paid exceeds actual cost by more than
fifteen percent. Refunds shall be made to 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; 2007, c. 896.)
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Item 4: Transportation Authorities
At the January 9, 2008 meeting of the Board of Supervisors, the Board tasked the Transportation
Committee with investigating whether to request that the General Assembly consider creating a
Transportation Authority in our area. This request would not be for the current General Assembly
session, but for the 2009 session. Staff is including the legislation related to the Hampton Roads and
Northern Virginia Authorities as background information.
LIS > Code of Virginia > 15.2-4829
§ 15.2-4829. Short title.
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This chapter shall be known and may be cited as the Northern Virginia Transportation Authority Act.
(2002, c. 846.)
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LIS > Code of Virginia > 15.2-4830
§ 15.2-4830. Authority created.
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There is hereby created a political subdivision of the Commonwealth known as the Northern Virginia
Transportation Authority, hereinafter known as "the Authority."
In addition to such other powers vested in the Authority by this chapter, the Authority shall have the
following powers and functions:
1. The Authority shall prepare a regional transportation plan for Planning District Eight, to include, but
not necessarily be limited to, transportation improvements of regional significance, and those
improvements necessary or incidental thereto, and shall from time to time revise and amend the plan.
The provisions of Article 7 (§ 15.2-4527 et seq.) of Chapter 45 of this title shall apply, mutatis mutandis,
to preparation of such transportation plan.
2. The Authority may, when a transportation plan is adopted according to subdivision 1, construct or
acquire, by purchase, lease, contract, or otherwise, the transportation facilities specified in such
transportation plan.
3. The Authority may enter into agreements or leases with public or private entities for the operation of
its facilities, or may operate such facilities itself.
4. The Authority may enter into contracts or agreements with the counties and cities embraced by the
Authority, with other transportation commissions of transportation districts adjoining any county or city
embraced by the Authority, with any transportation authority, or with any state, local, private or federal
entity to provide, or cause to be provided, transportation facilities and services to the area embraced by
the Authority. Such contracts or agreements, together with any agreements or leases for the operation of
such facilities, may be used by the Authority to finance the construction and operation of transportation
facilities and such contracts, agreements or leases shall inure to the benefit of any creditor of the
Authority.
Notwithstanding the above, however, the Authority shall not have the power to regulate services
provided by taxicabs, either within municipalities or across municipal boundaries, which regulation is
expressly reserved to the municipalities within which taxicabs operate.
5. Notwithstanding any other provision of law to the contrary the Authority may:
a. Acquire land or any interest therein by purchase, lease, or gift and provide transportation facilities
thereon for use in connection with any transportation service;
b. Acquire land or any interest therein by purchase, lease, or gift in advance of the need for sale or
contribution to an agency, for use by that agency in connection with an adopted transportation plan;
c. Prepare a plan for mass transportation services with persons, cities, counties, agencies, authorities, or
transportation commissions and may further contract with any such person or other entity to provide
necessary facilities, equipment, operations and maintenance, access, and insurance pursuant to such
plan.
(2002, c. 846.)
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§ 15.2-4831. Counties and cities embraced by the Authority.
The Authority shall embrace the Counties of Arlington, Fairfax, Loudoun, and Prince William, and the
Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.
(2002, c. 846.)
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§ 15.2-4832. Composition of Authority; membership; terms.
The Authority shall consist of 16 members as follows:
The chief elected officer of the governing body of each county and city embraced by the Authority or, in
the discretion of the chief elected officer, his designee, who shall be a current elected officer of such
governing body;
Two members of the House of Delegates who reside in different counties or cities embraced by the
Authority, appointed by the Speaker of the House, to the extent practicable, from the membership of the
House Committee on Appropriations, the House Committee on Finance, or the House Committee on
Transportation;
One member of the Senate who resides in a county or city embraced by the Authority, appointed by the
Senate Committee on Rules, to the extent practicable, from the membership of the Senate Committee on
Finance and the Senate Committee on Transportation; and
Two citizens who reside in counties and cities embraced by the Authority, appointed by the Governor.
One gubernatorial appointment shall include a member of the Commonwealth Transportation Board
who resides in a county or city embraced by the Authority. The remaining gubernatorial appointment
shall be a person who has significant experience in transportation planning, finance, engineering,
construction, or management and shall be a resident of a county or city embraced by the Authority, but
shall not be a resident of the same county or city as the other gubernatorial appointee to the Authority.
Legislative members shall serve terms coincident with their terms of office. The gubernatorial appointee
who is not a member of the Commonwealth Transportation Board shall serve for a term of four years.
Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies
shall be filled in the same manner as the original appointments.
In addition, the following persons shall serve as nonvoting members of the Authority: the Director of the
Virginia Department of Rail and Public Transportation, or his designee, and the Commonwealth
Transportation Commissioner, or his designee.
The Authority shall appoint the chairman and vice-chairman.
(2002, c. 846; 2004, c. 1000.)
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LIS > Code of Virginia > 15.2-4833
§ 15.2-4833. Staff.
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The Authority shall employ a chief executive officer and such staff as it shall determine to be necessary
to carry out its duties and responsibilities under this chapter. No such person shall contemporaneously
serve as a member of the Authority. The Virginia Department of Transportation and the Virginia
Department of Rail and Public Transportation shall make their employees available to assist the
Authority, upon request.
(2002, c. 846.)
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LIS > Code of Virginia > 15.2-4834
§ 15.2-4834. Decisions of Authority.
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A majority of the Authority, which majority shall include at least a majority of the representatives of the
counties and cities embraced by the Authority, shall constitute a quorum. Decisions of the Authority
shall require a quorum and shall be in accordance with voting procedures established by the Authority.
In all cases, decisions of the Authority shall require the affirmative vote of two-thirds of the members of
the Authority present and voting, and two-thirds of the representatives of the counties and cities
embraced by the Authority who are present and voting and whose counties and cities include at least
two-thirds of the population embraced by the Authority; however, no motion to fund a specific facility
or service shall fail because of this population criterion if such facility or service is not located or to be
located or provided or to be provided within the county or city whose representative's sole negative vote
caused the facility or service to fail to meet the population criterion. The population of counties and
cities embraced by the Authority shall be the population as determined by the most recently preceding
decennial census, except that on July 1 of the fifth year following such census, the population of each
county and city shall be adjusted, based on population projections made by the Weldon Cooper Center
for Public Service of the University of Virginia.
(2002, c. 846.)
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LIS > Code of Virginia > 15.2-4835
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§ 15.2-4835. Allocation of certain Authority expenses among component counties and cities.
The administrative expenses of the Authority, as provided in an annual budget adopted by the Authority,
to the extent funds for such expenses are not provided from other sources, shall be allocated among the
component counties and cities on the basis of the relative population, as determined pursuant to § 15.2-
4834. Such budget shall be limited solely to the administrative expenses of the Authority and shall not
include any funds for construction or acquisition of transportation facilities and/or the performing of any
transportation service.
(2002, c. 846.)
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§ 15.2-4836. Payment to members of Authority.
The members of the Authority may be paid for their services compensation in either (i) the amount
provided in the general appropriations act for members of the General Assembly engaged in legislative
business between sessions or (ii) a lesser amount as determined by the Authority. Members may be
reimbursed for all reasonable and necessary expenses provided in §§ 2.2-2813 and 2.2-2825, if approved
by the Authority. Funding for the costs of compensation and expenses of the members shall be provided
by the Authority.
(2002, c. 846; 2004, c. 1000.)
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§ 15.2-4837. Formation of advisory committees.
The Authority shall have a technical advisory committee, consisting of nine individuals who reside or
are employed in counties and cities embraced by the Authority and have experience in transportation
planning, finance, engineering, construction, or management. Six members shall be appointed by local
jurisdictions and three members shall be appointed by the chairman of the Commonwealth
Transportation Board. The technical advisory committee shall advise and provide recommendations on
the development of projects as required by § 15.2-4838 and funding strategies and other matters as
directed by the Authority. The Authority also shall have a planning coordination advisory committee,
which shall include, but not be limited to, at least one elected official from each town that is located in
any county embraced by the Authority and receives street maintenance payments under § 33.1-41.1. The
Authority may, in its discretion, form additional advisory committees.
(2002, c. 846.)
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§ 15.2-4838, Responsibilities of Authority for long-range transportation planning.
A. The Authority shall be responsible for long-range transportation planning for regional transportation
projects in Northern Virginia. In carrying out this responsibility, the Authority shall, on the basis of a
regional consensus, whenever possible, set regional transportation policies and priorities for regional
transportation projects. The policies and priorities shall be guided by performance-based criteria such as
the ability to improve travel times, reduce delays, connect regional activity centers, improve safety,
improve air quality, and move the most people in the most cost-effective manner.
B. The Authority shall report annually on (i) the allocation and expenditure of all moneys deposited to
the Special Fund Account of the Northern Virginia Transportation Authority pursuant to subsection D of
§ 58.1-604.5; (ii) use of these moneys to reduce traffic congestion in the counties and cities described in
subsections A and B of § 58.1-604.5; and (iii) use of these moneys to improve air quality in such
counties and cities and in the Washington Metropolitan Area.
(2002, c. 846.)
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§ 15.2-4838.1. Use of certain revenues by the Authority.
A. All moneys received by the Authority and the proceeds of bonds issued pursuant to § 15.2-4839 shall
be used by the Authority solely for transportation purposes berie fiting those counties and cities that are
embraced by the Authority.
B. Forty percent of the revenues shall be distributed on a pro rata basis, with each locality's share being
the total of such fees and taxes assessed or imposed by the Authority and received by the Authority that
are generated or attributable to the locality divided by the total of such fees and taxes assessed or
imposed by the Authority and received by the Authority. Of the revenues distributed pursuant to this
subsection (i) in the Cities of Falls Church and Alexandria and the County of Arlington the first 50%
shall be used solely for urban or secondary road construction and improvements and for public
transportation purposes, and (ii) in the remaining localities, the first 50% shall be used solely for urban
or secondary road construction and improvements. The remainder, as determined solely by the
applicable locality, shall be used either for additional urban or secondary road construction; for other
transportation capital improvements which have been approved by the most recent long range
transportation plan adopted by the Authority; or for public transportation purposes. Solely for purposes
of calculating the 40% of revenues to be distributed pursuant to this subsection, the revenue generated
pursuant to § 58.1-3221.3 and Article 8 (§ 15.2-2317 et seq.) of Chapter 22 of this title by the counties
and cities embraced by the Authority shall be considered revenue of the Authority. None of the revenue
distributed by this subsection may be used to repay debt issued before July 1, 2007. Each locality shall
provide annually to the Northern Virginia Transportation Authority sufficient documentation as required
by the Authority showing that the funds distributed under this subsection were used as required by this
subsection.
C. The remaining 60% of the revenues from such sources shall be used by the Authority solely for
transportation projects and purposes that benefit the counties and cities embraced by the Authority.
1. The revenues under this subsection shall be used first to pay any debt service owing on any bonds
issued pursuant to § 15.2-4839, and then as follows:
a. The next $50 million each fiscal year shall be distributed to the Washington Metropolitan Area
Transit Authority (WMATA) and shall be used for capital improvements benefiting the area embraced
by the Authority for WMATA's transit service (Metro). The Authority shall first make use of that
portion of such annual distribution as may be necessary under the requirements of federal law for the
payment of federal funds to WMATA, but only if the matching federal funds are exclusive of and in
addition to the amount of other federal funds appropriated for such purposes and are in an amount not
less than the amount of such funds appropriated in the federal fiscal year ending September 30, 2007;
For each year after 2018 any portion of the amount distributed pursuant to this subsection may be used
for mass transit improvements in Prince William County;
b. The next $25 million each fiscal year shall be distributed to the Virginia Railway Express for
operating and capital improvements, including but not limited to track lease payments, construction of
parking, dedicated rail on the Fredericksburg line, rolling stock, expanded service in Prince William
County, and service as may be needed as a result of the Base Realignment and Closure Commission's
action regarding Fort Belvoir.
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2. All transportation projects undertaken by the Northern Virginia Transportation Authority shall be
completed by private contractors accompanied by performance measurement standards, and all contracts
shall contain a provision granting the Authority the option to terminate the contract if contractors do not
meet such standards. Notwithstanding the foregoing, any locality may provide engineering services or
right-of-way acquisition for any project with its own forces. The Authority shall avail itself of the
strategies permitted under the Public -Private Transportation Act (§ 56-556 et seq.) whenever feasible
and advantageous. The Authority is independent of any state or local entity, including the Virginia
Department of Transportation (VDOT) and the Commonwealth Transportation Board (CTB), but the
Authority, VDOT and CTB shall consult with one another to avoid duplication of efforts and, at the
option of the Authority, may combine efforts to complete specific projects. Notwithstanding the
foregoing, at the request of the Authority, VDOT may provide the Authority with engineering services
or right-of-way acquisition for the project with its own forces. When determining what projects to
construct under this subsection, the Authority shall base its decisions on the combination that (i)
equitably distributes the funds throughout the localities, and (ii) constructs projects that move the most
people or commercial traffic in the most cost-effective manner, and on such other factors as approved by
the Authority.
3. All revenues deposited to the credit of the Authority shall be used for projects benefiting the localities
embraced by the Authority, with each locality's total long-term benefits being approximately equal to the
total of the fees and taxes received by the Authority that are generated by or attributable to the locality
divided by the total of such fees and taxes received by the Authority.
D. For road construction and improvements pursuant to subsection B, the Department of Transportation
may, on a reimbursement basis, provide the locality with planning, engineering, right-of-way, and
construction services for projects funded in whole by the revenues provided to the locality by the
Authority.
(2007, c. 896.)
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LIS > Code of Virginia > 15.2-4839
§ _1.5.2-4839. Authority to issue bonds.
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The Authority may issue bonds and other evidences of debt as may be authorized by this section or other
law. The provisions of Article 5 (§ 15.2-4519 et seq.) of Chapter 45 of this title shall apply, mutatis
mutandis, to the issuance of such bonds or other debt. The Authority may issue bonds or other debt in
such amounts as it deems appropriate. The bonds may be supported by any funds available except that
funds from tolls collected pursuant to subdivision 7 of § 15.2-4840 shall be used only as provided in that
subdivision.
(2002, c. 846; 2007, c. 896.)
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§ 15.2-4840. Other duties and responsibilities of Authority.
In addition to other powers herein granted, the Authority shall have the following duties and
responsibilities:
1. General oversight of regional programs involving mass transit or congestion mitigation, including, but
not necessarily limited to, carpooling, vanpooling, and ridesharing;
2. Long-range regional planning, both financially constrained and unconstrained;
3. Recommending to state, regional, and federal agencies regional transportation priorities, including
public-private transportation projects, and funding allocations;
4. Developing, in coordination with affected counties and cities, regional priorities and policies to
improve air quality;
5. Allocating to priority regional transportation projects any funds made available to the Authority and,
at the discretion of the Authority, directly overseeing such projects;
6. Recommending to the Commonwealth Transportation Board priority regional transportation projects
for receipt of federal and state funds;
7. Imposing, collecting, and setting the amount of tolls for use of facilities in the area embraced by the
Authority, when the facility is either newly constructed or reconstructed solely with revenues of the
Authority or solely with revenues under the control of the Authority in such a way as to increase the
facility's traffic capacity, with the amount of any tolls variable by time of day, day of the week, vehicle
size or type, number of axles, or other factors as the Authority may deem proper, and with all such tolls
to be used for programs and projects that are reasonably related to or benefit the users of the applicable
facility, including, but not limited to, for the debt service and other costs of bonds whose proceeds are
used for such construction or reconstruction;
8. General oversight of regional transportation issues of a multijurisdictional nature, including but not
limited to intelligent transportation systems, signalization, and preparation for and response to
emergencies;
9. Serving as an advocate for the transportation needs of Northern Virginia before the state and federal
governments;
10. Applying to and negotiating with the government of the United States, the Commonwealth of
Virginia, or any agency, instrumentality, or political subdivision thereof, for grants and any other funds
available to carry out the purposes of this chapter and receiving, holding, accepting, and administering
from any source gifts, bequests, grants, aid, or contributions of money, property, labor, or other things of
value to be held, used and applied to carry out the purposes of this chapter subject, however, to any
conditions upon which gifts, bequests, grants, aid, or contributions are made. Unless otherwise restricted
by the terms of the gift, bequest, or grant, the Authority may sell, exchange, or otherwise dispose of such
money, securities, or other property given or bequeathed to it in furtherance of its purposes;
11. Acting as a "responsible public entity" for the purpose of the acquisition, construction, improvement,
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maintenance and/or operation of a "qualifying transportation facility" under the Public -Private
Transportation Act of 1995 (§ 56-556 et seq.); and
12. To decide and vote to impose certain fees and taxes authorized under law for imposition or
assessment by the Authority, provided that any such fee or tax assessed or imposed is assessed or
imposed in all counties and cities embraced by the Authority. The revenues from such certain fees and
taxes shall be kept in a separate account and shall be used only for the purposes provided in this chapter.
(2002, c. 846; 2007, c. 896.)
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LIS > Code of Virginia > 33.1-391.7
§ 33.1-391.7. Authority created.
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The Hampton Roads Transportation Authority, hereinafter in this chapter known as "the Authority" is
hereby created as a body politic and as a political subdivision of the Commonwealth. The Authority
shall embrace the Counties of Isle of Wight, James City, and York and the Cities of Chesapeake,
Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg.
The membership of the Authority shall be as provided in §§ 33.1-391.9 and 33.1-391.12. In addition, the
Counties of Accomack and Northampton shall also be embraced by the Authority at such time that the
Chesapeake Bay Bridge -Tunnel facilities become subject to the control of the Authority as provided
under § 33.1-391.12.
(2007, c. 896.)
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LIS > Code of Virginia > 33.1-391.8
§ 33.1-391.8. Powers of the Authority.
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Notwithstanding any contrary provision of this title and in accordance with all applicable federal statutes
and requirements, the Authority shall control and operate and may impose and collect tolls in amounts
established by the Authority for the use of any new or improved highway, bridge, tunnel, or
transportation facility to increase capacity on such facility (including new construction relating to, or
improvements to, the bridges, tunnels, roadways, and related facilities known collectively as the
Chesapeake Bay Bridge -Tunnel as described in § 33.1-391.12, pursuant to the conditions set forth in
such section) constructed by the Authority or solely with revenues of the Authority or revenues under
the control of the Authority. The amount of any such toll may be varied from facility to facility, by lane,
by congestion levels, by day of the week, time of day, type of vehicle, number of axles, or any similar
combination thereof, and a reduced rate may be established for commuters as defined by the Authority.
For purposes of this section, the Midtown and Downtown tunnels located within the Cities of Norfolk
and Portsmouth shall be considered a single transportation facility and both facilities may be tolled if
improvements are made to either tunnel. Any tolls imposed by the Authority shall be collected by an
electronic toll system that, to the extent possible, shall not impede the traffic flow of the facility or
prohibit a toll facility from retaining means of nonautomated toll collection in some lanes of the facility.
For all facilities tolled by the Authority, there shall be signs erected prior to the point of toll collection
that clearly state how the majority of the toll revenue is being spent by the Authority to benefit the users
of the facility.
(2007, c. 896.)
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§ 33.1-391.9, Composition of Authority; chairman and vice-chairman; quorum.
The Authority shall consist of the following members: (i) the chief elected officer of the governing body
(or in the discretion of the chief elected officer, his designee, who shall be a current elected officer of
such governing body) of each of the Counties of Isle of Wight, James City, and York and the Cities of
Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and
Williamsburg, who shall serve with voting privileges; (ii) a member of the Commonwealth
Transportation Board who resides in a county or city embraced by the Authority appointed by the
Governor who shall serve ex officio without a vote; (iii) the Director of the Virginia Department of Rail
and Public Transportation, or his designee, who shall serve ex officio without a vote; (iv) the
Commonwealth Transportation Commissioner, or his designee, who shall serve ex officio without a
vote; (v) two members of the Virginia House of Delegates each of whom shall reside in a city or county
whose governing body has a voting member on the Authority, neither of whom shall reside in the same
city or county, appointed by the Speaker of the House of Delegates, who shall serve ex officio without a
vote; and (vi) one member of the Senate of Virginia who shall reside in a city or county whose
governing body has a voting member on the Authority, appointed by the Senate Committee on Rules
who shall serve ex officio without a vote. Legislative members shall serve terms coincident with their
terms of office. Vacancies shall be filled by appointment for the unexpired term by the same process as
used to make the original appointment.
The Authority shall appoint a chairman and vice-chairman from among its voting membership.
A majority of the voting members of the Authority shall constitute a quorum for the transaction of
business.
Decisions of the Authority shall require a quorum and shall be in accordance with voting procedures
established by the Authority. Decisions of the Authority shall require the affirmative vote of a majority
of the voting members of the Authority present and voting and such members present and voting in the
affirmative shall be representatives of counties and cities that collectively include at least 51 % of the
population embraced by the Authority at the time of the vote. The population of counties and cities
embraced by the Authority shall be the population as determined by the most recently preceding
decennial census, except that after July 1 of the fifth year following such census, the population of each
county and city shall be adjusted, based on final population estimates made by the Weldon Cooper
Center for Public Service of the University of Virginia.
Members of the Authority shall be reimbursed for their actual and necessary expenses incurred in the
performance of their duties and, in addition, shall be paid a per diem equal to the amount paid members
of the Commonwealth Transportation Board for each day or portion thereof during which they are
engaged in the official business of the Authority.
The Auditor of Public Accounts, or his legally authorized representatives, shall annually audit the
financial accounts of the Authority, and the cost of such audit shall be borne by the Authority.
(2007, c. 896.)
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§ 33.1-391.1o. Additional powers of the Authority.
The Authority shall have the following powers together with all powers incidental thereto or necessary
for the performance of those hereinafter stated:
1. To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction
of the subject matter and of the parties;
2. To adopt and use a corporate seal and to alter the same at its pleasure;
3. To procure insurance, participate in insurance plans, and provide self-insurance; however, the
purchase of insurance, participation in an insurance plan, or the creation of a self-insurance plan by the
Authority shall not be deemed a waiver or relinquishment of any sovereign immunity to which the
Authority or its officers, directors, employees, or agents are otherwise entitled;
4. To establish bylaws and make all rules and regulations, not inconsistent with the provisions of this
chapter, deemed expedient for the management of the Authority's affairs;
5. To apply for and accept money, materials, contributions, grants, or other financial assistance from the
United States and agencies or instrumentalities thereof, the Commonwealth, and any political
subdivision, agency, or instrumentality of the Commonwealth, and from any legitimate private source;
6. To acquire real and personal property or any interest therein by purchase, lease, gift, or otherwise for
purposes consistent with this chapter; and to hold, encumber, sell, or otherwise dispose of such land or
interest for purposes consistent with this chapter;
7. To acquire by purchase, lease, contract, or otherwise, highways, bridges, tunnels, railroads, rolling
stock, and transit and rail facilities and other transportation -related facilities; and to construct the same
by purchase, lease, contract, or otherwise;
8. In consultation with the Commonwealth Transportation Board and with each city or county in which
the facility or any part thereof is or is to be located, to repair, expand, enlarge, construct, reconstruct, or
renovate any or all of the transportation facilities referred to in this section, and to acquire any real or
personal property needed for any such purpose;
9. To enter into agreements or leases with public or private entities for the operation and maintenance of
bridges, tunnels, transit and rail facilities, and highways;
10. To make and execute contracts, deeds, mortgages, leases, and all other instruments and agreements
necessary or convenient for the performance of its duties and the exercise of its powers and functions
under this chapter;
11. To the extent funds are made or become available to the Authority to do so, to employ employees,
agents, advisors, and consultants, including without limitation, attorneys, financial advisers, engineers,
and other technical advisers and, the provisions of any other law to the contrary notwithstanding, to
determine their duties and compensation;
12. The authority shall comply with the provisions governing localities contained in § 15.2-2108.23;
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13. To decide and vote to impose all of the fees and taxes authorized under law for use by the Authority.
Furthermore, no such fee or tax shall apply to Accomack or Northampton County until such time that
the Chesapeake Bay Bridge -Tunnel facilities become subject to the control of the Authority as provided
under § 33.1-391.12; and
14. To the extent not inconsistent with the other provisions of this chapter, and without limiting or
restricting the powers otherwise given the Authority, to exercise all of the powers given to transportation
district commissions by §§ 15.2-4518 and 15.2-4519. The Authority shall only undertake those
transportation projects that are included in the federally mandated 2030 Regional Transportation Plan
approved by the Metropolitan Planning Organization, or any successive plan, and that are located in, or
which provide a benefit to, the counties and cities that are members of the Authority, subject to the
limitations related to those projects contained in this section.
The Authority shall phase construction of the transportation projects that are included in the federally
mandated 2030 Regional Transportation Plan, or any successive plan. Except as specifically provided
herein, projects listed in the second phase shall not be undertaken until the Authority has considered and
acted upon a financing plan for the maintenance, operation, and construction for the projects listed in the
first phase that meet the requirements of this section.
First Phase Projects:
Route 460 Upgrade; I-64 Widening on the Peninsula; 1-64 Widening on the Southside; Downtown
Tunnel/Midtown Tunnel/MLK Extension; Southeastern Parkway/Dominion Blvd/Route 17; I-664
Widening in Newport News; I-664 Widening on the Southside; I-664 Monitor Merrimac Memorial
Bridge Tunnel Widening.
Second Phase Projects:
I-564 from I-64 to the Intermodal Connector; I-564 Connector to the Monitor Merrimac Memorial
Bridge Tunnel; Craney Island Connector.
(2007, c. 896.)
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§ 33.1-391.11. Authority a responsible public entity under Public -Private Transportation Act of 1995.
The Authority is a responsible public entity as defined in the Public -Private Transportation Act of 1995
(§ 56-556 et seq.) (the PPTA).
It is the intent of the General Assembly that the Authority shall encourage private sector participation in
the aforementioned projects. Any cost savings realized under the PPTA relating to the construction of
first phase projects may be applied to advancing the future construction of second phase projects.
Further, nothing herein shall prohibit the Authority from receiving and acting on PPTA proposals on
projects in either phase.
(2007, c. 896.)
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§ 33.1-391.12. Addition of the Chesapeake Bay Bridge -Tunnel to facilities controlled by Authority;
expansion of Authority membership; applicability of local transportation fees to Accomack and
Northampton Counties.
The bridges, tunnels, roadways, and related facilities known collectively as the Chesapeake Bay Bridge -
Tunnel, which provide a vehicular connection across the mouth of the Chesapeake Bay between the City
of Virginia Beach and Northampton County, shall become subject to the control of the Authority subject
to the provisions of § 33.1-391.8, at such time as all of the bonds and other evidences of debt now or
hereafter issued by or on behalf of the Chesapeake Bay Bridge and Tunnel Commission shall have been
satisfied or paid in full. Until such bonds and other evidences of debt have been satisfied or paid in full,
control of and responsibility for the operation and maintenance of the Chesapeake Bay Bridge -Tunnel
facilities shall remain with the Chesapeake Bay Bridge and Tunnel Commission.
In discharging its responsibilities for the operation and maintenance of the Chesapeake Bay Bridge -
Tunnel facilities, the Authority shall have, in addition to the powers it is given by this chapter, all of the
powers and authority given to the Chesapeake Bay Bridge and Tunnel Commission by Chapter 693 of
the Acts of Assembly of 1954 and by Chapter 714 of the Acts of the Assembly of 1956, as amended and
incorporated by reference as § 33.1-253.
At such time as the Chesapeake Bay Bridge -Tunnel facilities become subject to the control of the
Authority as contemplated by this section, the Authority shall be enlarged by two members, who shall
serve with voting privileges, one of whom shall be the chief elected officer of the governing body of the
County of Accomack (or in the discretion of the chief elected officer, his designee, who shall be a
current elected officer of such governing body), and one of whom shall be the chief elected officer of the
governing body of the County of Northampton (or in the discretion of the chief elected officer, his
designee, who shall be a current elected officer of such governing body).
(2007, c. 896.)
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§ 33.1-391.13. Issuance of bonds by the Chesapeake Bay Bridge and Tunnel Commission.
On a prospective basis, prior to issuing any bonds for the purposes of financing the construction of new
or additional tunnels, the Chesapeake Bay Bridge and Tunnel Commission shall affirm that no bond, or
payment of any temporary or interim financing shall have a maturity date that extends beyond the
maturity date of any existing bond or note until such time as the Authority is consulted about such
issuance.
(2007, c. 896.)
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§ 33.1.-391.14. Continuing responsibilities of the Commonwealth Transportation Board and the Virginia
Department of Transportation.
Except as otherwise explicitly provided in this chapter, until such time as the Authority and the Virginia
Department of Transportation, or the Authority and the Commonwealth Transportation Board, agree
otherwise in writing, the Commonwealth Transportation Board shall allocate funding to and the
Department of Transportation shall perform or cause to be performed all maintenance and operation of
the bridges, tunnels, and roadways pursuant to § 33.1-391.10, and shall perform such other required
services and activities with respect to such bridges, tunnels, and roadways as were being performed on
January 1, 2008.
(2007, c. 896.)
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§ 33.1-391.15. Use of revenues by the Authority.
Notwithstanding any other provision of this chapter, all moneys received by the Authority shall be used
by the Authority solely for the benefit of those counties and cities that are embraced by the Authority,
and such moneys shall be used by the Authority in a manner that is consistent with the purposes stated in
this chapter.
(2007, c. 896.)
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Item 5: Triangle Area Land Use Plan
Attached please find a draft map from the Route 277 Triangle and Urban Center Study. As you
are aware, this study has been under development for some time and members of the
Transportation Committee have been involved. This is an opportunity for the full Committee to
review what has been done so far and render input.
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Item 6: Consideration of and Recommendation on a Limited
Access Break at the intersection of Rt. 11 and Rt. 37
A pending site plan applicant on parcel 75 -A -10A has been working closely with VDOT and staff to
create a plan that would allow the applicant to gain access to Route 11 without detriment and
preferably with improvement to the transportation system in the area. The transportation system that
is proposed would allow for access to Route 11 via a new limited access break, which requires a
County resolution of support. From that break, a collector road would connect to Commonwealth
Court which was extended to the boundary of this property with the Gander Mountain development.
This situation would allow the existing Commonwealth Court entrance to become right -in right -out
and the signal at that point to be removed, thus improving the inadequate signal spacing in this area.
Additionally, this would allow for improved left turn stacking at Schenk foods, which has been an
issue. The Board of Supervisors will need a recommendation from the Transportation Committee on
the access break and, after working with the applicant's representatives, staff recommends a positive
recommendation on the following conditions:
A. That the applicant implements the proposed road system to VDOT and County
specifications, including the intersection of Commonwealth Court and Route 11.
B. That right-of-way needed for the Rt. 37, I-81, and Route 11 ramp system be provided.
C. That no other entrances onto Route 11 be allowed.
D. That entrances to the new collector road meet VDOT and County standards and that no
more than two total entrances be allowed on the new collector road.
7
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Item 7: Legislative Update
Staff is compiling a review of pending legislation that will impact Frederick County. Attached
please find a summary of proposed legislation that would significantly rework impact fee authority.
PRINCIPAL PROVISIONS OF SP 768
1. Repeal current cash proffer authority for all localities
a. Effective January 1, 2009. [e.g., Line 21]
b. Any proffers pledged but not paid at date of repeal are grandfathered.
[Lines 730-732]
2. Non-cash proffers
a. Localities may accept `reasonable' non-cash on-site proffers "necessitated
by and attributable to" new development from "within the property subject
to rezoning petition." [e.g., Lines 87-91 ]
b. Localities may not accept non-cash off-site proffers for new residential
development or the residential portion of a mixed use development. [e.g.,
Lines 92-95]
c. Localities may only accept non-cash off-site transportation improvement
proffers for new non-residential development or the non-residential
portion of a mixed use development. [e.g., Lines 95-97]
3. Amend existing road impact fee authority
a. All cities, Fairfax and Arlington Counties and the towns therein, and any
county that adopted zoning and has either (i) a decennial population
growth rate of 15% or more or (ii) a population of at least 20,000 persons
and a decennial population growth rate of 10% or more and the towns
therein are authorized to impose impact fees on residential and
commercial (includes industrial) development. [Lines 410-416]
i. 15% or more growth rate: Accomack, Albemarle, Amelia,
Augusta, Bedford, Botetourt, Brunswick, Buckingham, Caroline,
Chesterfield, Craig, Culpeper, Cumberland, Dinwiddie, Fluvanna,
Franklin, Frederick, Gloucester, Goochland, Greene, Greensville,
Halifax, Hanover, Henrico, Isle of Wight, James City, King
George, King William, Loudoun, Louisa, Lunenburg, New Kent,
Northumberland, Orange, Powhatan, Prince George, Prince
William, Richmond, Rockingham, Spotsylvania, Stafford, Sussex,
Warren, and York.
ii. 20,000 population and a 10% growth rate: Amherst, Fauquier,
Mecklenburg, Montgomery, Pittsylvania Rockbridge, Shenandoah,
and Washington.
b. Impact fee may only be charged for public facility improvements
"necessitated by and attributable to" new development [current standard is
"benefiting"] at a level of service consistent with existing levels of service
in the locality. [Lines 427-432]
i. Public facility improvements are defined as public road, public
safety (police, fire, EMS, and rescue) facilities, and public school
facilities. [Line 439]
c. Residential impact fees may be imposed only for public roads, public
safety facilities and public school facilities.
Virginia Association of Counties 1 January 22, 2008
PRINCIPAL PROVISIONS OF SB 768
d. Commercial impact fees may only be imposed for public roads and public
safety facilities. [Line 471-472]
e. Impact fees may only be imposed within an impact fee service area
(IFSA).
i. IFSA must be designated by ordinance on the zoning map and in
the comprehensive plan, must have clearly defined boundaries, and
clearly related public facility needs that have a rational and
reasonable relationship to projected new development. [Lines 433-
437]
ii. Locality -wide IFSAs are barred. [Lines 481-482]
f. Additional items to be considered in analyzing the public facility needs of
an IFSA:
i. Approved conditional zonings, special exceptions, and special use
permits. [Line 511]
ii. Future revenues generated by the new development for needed
public facilities. [Lines 528-529]
iii. Any increased Grantors Tax to be paid within the IFSA. [Lines
529-530]
iv. Any funds received from the federal, state, or local governments to
pay for the public facilities for which the impact fee is imposed.
[Lines 530-532]
g. Impact fees would apply to all residential and commercial rezonings and
any by -right residential and commercial development within an impact fee
service area.
h. Impact fees would apply at final subdivision or final site plan approval and
recordation.
i. All administrative, planning, and capital improvement assessment and
funding requirements of current impact fee law would continue to apply.
[Lines 491-572]
j. A cap on impact fees would apply to the NVTA area and the balance of
the state.[Line 587ff]
i. Maximum residential fee in NVTA = $8,000 per single family
detached.
ii. Maximum residential fee in balance of state = $5,000 per single
family detached unit.
1. Specified cap also for single family attached and
multifamily.
iii. Commercial cap same for both areas and specified in dollars per
gross square foot for various uses.
iv. Cap may be adjusted annually based on CPI or Marshall Swift
index.
k. Impact fees may not be imposed on any residential dwelling units covered
by a locality's Affordable Dwelling Unit ordinance or any Section 8
housing. [Line 475ff]
1. Impact fees may be reduced or waived for development in an Urban
Development Area. [Lines 473-474]
Virginia Association of Counties 2 January 22, 2008
PRINCIPAL nn OMYTISS I O SS OF SB 768
in. Credit against the impact fee must be given to the new development
paying the fee for the following:
i. Market value of land dedications, cash contributed, and
construction provided by the developer to pay the impact fee for
on-site and off-site "public facilities."
ii. Previous, current and future contributions by other developments
in the IFSA to the cost of existing "public facilities" that will
benefit the development to pay the impact fee. [Line 649-655]
1. Revenues to be derived special taxing districts, special
assessments, and community development authorities are to
be included.
4. Require an increase local grantors tax
a. Any locality outside of the NVTA and HRTA that adopts an impact fee
would be required to increase its Grantors Tax by no more than 20¢/$100
of value on the sale of both existing and new residential and commercial
properties. [Lines 710-718]
Virginia Association of Counties 3 January 22, 2008
Item 8: Article Review
Update of I-81 hits a bump
Firm withdraws as key contractor
By Drew Houff
The Winchester Star
Winchester — Kellogg, Brown, and Root will not be a part of the STAR Solutions
consortium, putting much of the state's proposed improvement project for Interstate
81 on a back burner.
Virginia Department of Transportation Commissioner David S. Ekern announced
KBR's removal from the project on Wednesday.
The company had filed a letter on Dec. 18, noting that it needed to decline further
participation as the lead contractor in the STAR Solutions consortium.
"After careful review of KBR's notification, I have directed VDOT to terminate all
activities related to the [Public Private Transportation Act] procurement of
improvements along the I-81 corridor," Ekern said.
According to a VDOT press release, KBR officials said changes in corporate ownership
and a need to manage the company's business profile carefully led to its request to
withdraw from the proposed I-81 project.
KBR separated from Halliburton Inc. in 2007, becoming its own publicly traded
company. Shareholders, in turn, have watched with a close eye to make sure the
company makes a profit.
VDOT has worked with STAR Solutions since February 2004, when the consortium
was selected under provisions of the Public Private Transportation Act to develop
improvements along the 323 -mile I-81 corridor in Virginia.
The plan called for widening the highway, separating auto and truck traffic, and
charging tolls to help pay for the improvements.
But in October 2006, the Commonwealth Transportation Board directed VDOT to
instead focus its I-81 improvement efforts on safety and operational improvements,
including truck -climbing lanes in certain locations.
VDOT officials had been negotiating an interim agreement with KBR for task orders
to design and construct those safety improvements.
According to the VDOT press release, officials will advance the proposed truck -
climbing lanes in VDOT's Staunton and Salem districts using design -build contracts.
VDOT will release advertisements to solicit design and contracting firms for the
Staunton District truck -climbing lanes project on Tuesday. The Salem District truck -
climbing lanes project will be advertised in the fall.
The Staunton District includes the portion of I-81 between Frederick County and
Rockbridge County.
Ekern said focusing on the truck -climbing lanes is the right move for VDOT now.
"I have determined that these recommendations are in the public's interest, because
they allow for the referenced safety and operational improvements to I-81 to be
completed in a timely manner and to use federal allocations on this work," he said.
"While we continue to look to long-term plans for the future of I-81, at this time we
have elected to focus our resources to complete more than $730 million of I-81
projects that are currently included in VDOT's six-year improvement program.
"This change does not slow down the planned safety improvements on I-81; it will
just change the method though which we deliver these projects."
Legislation may weaken regional roads authority
Published on HamptonRoads.com I PilotOnline.com (http://hamptonroads.com)
Legislation may weaken regional roads
authority
Page 1 of 2
The Hampton Roads Transportation Authority, the new regional road -building agency, came under
attack Wednesday when a Peninsula delegate introduced a bill that would sharply limit its ability to
govern itself.
The bill is among several introduced at this year's General Assembly to change or limit the agency.
The authority was established by legislators and Gov. Timothy M. Kaine in 2007 to collect taxes
and fees in the region to pay for six large projects, including a new midtown tunnel.
Legislation proposed by Del. Phil Hamilton, R -Newport News, would require all decisions made
by the authority to be supported by a "super majority," or three-quarters of the voting members.
"I just think this is a guarantee and a protection that seven out of 12 couldn't orchestrate something
where five localities don't like it," Hamilton said.
The existing law calls for a simple majority of the members, who represent the dozen cities and
counties in the region, to make a decision. With a three -quarters -vote rule, opponents on the
Peninsula could exert greater influence and possibly prevent the authority. from acting.
Anti -authority sentiment runs high on the Peninsula where some of the region's smaller
governments - including York and Poquoson counties - argue that the authority's plan to raise local
taxes and fees is unfair.
Opponents see the authority as an unwelcome new layer of government that can levy taxes even
when local representatives object. Proponents said the authority is the region's best hope in a
generation to raise significant new money for major projects the state could not afford.
Arthur L. Collins, executive director of the Hampton Roads Planning District Commission, said the
super -majority requirement would cripple the authority.
"It would essentially mean that the authority could not do anything," he said. "With Hampton,
Poquoson, and Newport News, they would control the authority by not letting anything happen
even though they represent less than a majority of the region."
The Newport News City Council signaled its dissatisfaction with the authority Tuesday night by
voting to abolish the authority, a largely symbolic move. The 6-0 vote came while Mayor Joe
Frank, an authority member and supporter, was on vacation.
Another bill introduced this session by state Sen. Harry Blevins, R -Chesapeake, would change the
taxes the authority will begin collecting this spring by eliminating some controversial fees,
http://hamptonroads.com/print/449595 1/10/2008
Legislation may weaken regional roads authority Page 2 of 2
including the region's first-ever tax on automobile repair labor.
The changes in fees, as proposed in SB 176, could cut at least $40 million a year from the sum the
authority expects to collect to pay for several major transportation projects.
If approved by lawmakers, that change would probably again stall a number of key transportation
projects because there may not be enough money to finance them, even with tolls.
Besides eliminating the tax on auto labor, Blevin's bill would reduce the proposed increase in the
grantor's tax - paid when property is sold - from 40 cents per $100 of the sale price to 20 cents;
reduce from $10 to $5 the planned increase in the annual vehicle inspection fee; raise a new fuel tax
to 5 percent from 2 percent; and increase a new sales tax on vehicle rentals to 5 percent from 2
percent.
Meanwhile, Del. G. Glenn Oder, R -Newport News, introduced legislation to block any efforts to
impose tolls on portions of Interstates 64 and 664 that have already been improved.
Oder said tolling the roads, which has been discussed as part of a long-range plan to raise even
more money for the third tunnel project, would force drivers into regional roads.
Staff writer Julian Walker contributed to this report.
Tom Holden, (757) 446-2331, tom.holden@pilotonline.com
Source URL (retrieved on 01/10/2008 - 09:42): http://hamptonroads.com/2008/0IAegislation-
may-weaken-regional-roads-authority
http://hamptonroads.cor&print/4495 95 1/10/2008
Kaine calls for an end to abusive driver fees Pagel of 3
Published on HamptonRoads.com I PilotOnline.com (http://hamptonroads.com)
Kaine calls for an end to abusive driver fees
RICHMOND
Gov. Timothy M. Kaine called for the repeal of new high penalties against abusive drivers and
urged passage of reforms in education and mental health treatment during his State of the
Commonwealth address to the General Assembly on Wednesday night.
Invoking April's fatal shootings at Virginia Tech, the Democratic governor asked legislators to
tighten laws requiring police background checks before Virginians can purchase guns.
Kaine's 41 -minute speech capped the opening day for this winter's two-month General Assembly
session, at which lawmakers will be called on to pass a $78 billion two-year state budget.
The dynamics of the legislature changed in fall's elections when Democrats gained a majority in the
state Senate for the first time in 12 years. Republicans still control the House of Delegates.
Seizing the new balance in power, Kaine called on lawmakers to create a new, bipartisan way of
redrawing legislative districts after the 2010 census. In the past, the party in power has been able to
expand its numbers by drawing districts to its likings.
Kaine smiled often in the speech and made a low-key appeal for bipartisanship. "Virginians have
sent us here with high expectations," he said. "If we work together, we will not disappoint them."
The governor had outlined many of his proposals in the weeks leading up to his speech. His call for
the repeal of the abusive driver fees, however, was new.
Lawmakers passed the penalties last winter, which range from $750 to $3,000 over three years for
serious offenses such as reckless or drunken driving. The fees were designed to raise $65 million a
year to improve transportation.
At Kaine's insistence last year, the law was written to apply the fees only to Virginia drivers. He
said it would be difficult, if not impossible, to assess the penalties against out-of-state motorists.
The expense of the fees and their uneven application created a loud protest among Virginians.
Kaine, in his speech, said the fees are not producing promised revenues nor improving highway
safety. "Virginians in huge numbers have told us the fees should be repealed," Kaine said. "We
should listen to them."
Early in the speech, Kaine called for a moment of silence in memory of 28 Virginia serviceman
who died overseas in the past year, and the 32 students and faculty members at Tech who were
killed in a shooting rampage by Seung -Hui Cho, who then committed suicide. Cho had a history of
http://hamptonroads.com/print/449526 1/10/2008
Kaine calls for an end to abusive driver fees
psychological problems.
Page 2 of 3
Several families of Virginia Tech victims were in the gallery while Kaine spoke, but the governor
did not acknowledge them.
Kaine asked lawmakers to approve a $42 million increase in mental health spending to expand
emergency and outpatient care. He also urged broadening the legal test under which a judge can
involuntarily commit a Virginian to an institution.
"We must not only correct the historic underfunding of community mental health but also demand
greater accountability in the provision of care," Kaine said. "... If we identify people with mental
illnesses and provide them with proper treatment and support, we serve them and our communities
better."
Kaine also took aim at a provision in law that allows some firearms at gun shows to be sold without
an instant police background check on the buyer for felonies or mental health problems. One-on-
one sales between individuals are exempt from the checks.
"If we fail to take this important step, we are leaving the door open for dangerous individuals to
gain easy access to guns so they can harm people," Kaine said.
Kaine's bid to change the gun law is expected to face strong opposition in the legislature.
The governor also pitched his plan to expand pre -kindergarten classes for disadvantaged 4 -year-
olds. Currently, 13,000 children are enrolled at state expense. Kaine's $56 million proposal would
allow the state to enroll 20,000.
"This is an investment in our commonwealth's future," Kaine said. "We must make it now so that
our children can become the firefighters, police officers, teachers, delegates, senators and governors
who serve the next generation of Virginians."
Kaine also asked legislators to put a $1.6 billion bond package before voters this fall for
construction on college campuses, to help small businesses provide subsidized health care to about
5,000 Virginians, and to require credit card companies to notify consumers when sensitive
databases containing personal information have been compromised.
He urged lawmakers to tread lightly on anti -immigration legislation - a passionate issue for many
Republicans. Kaine noted that foreign companies made $750 million of new investments in
Virginia last year and created 2,000 new jobs.
"We are in fierce competition for those jobs, and we cannot afford to give the world the impression
that Virginians are not willing to engage with people from other countries in global commerce."
Attorney General Bob McDonnell, a Republican, said he was disappointed by Kaine's immigration
stand.
"We need immigrants, but we can't tolerate having them come in illegally and pretend they're not a
problem," he said.
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Kaine calls for an end to abusive driver fees
Page 3 of 3
Lt. Gov. Bill Bolling, a Republican, applauded Kaine's proposal to end the abusive driver fees. The
penalties "were poorly drafted," he said. "The right thing to do is repeal them and move on."
Staff writers Aaron Applegate and Kate Wiltrout contributed to this story.
Warren Fiske, (804) 697-1565, warrenfiske@pilotonline.com
Source URL (retrieved on 01/10/2008 - 09:25): http://hamptonroads.com/2008/01/kaine-calls-
end-abusive-driver-fee s
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Metrorail Reports 17 -Month Slide in On -Time Service Page 1 of')
washingtonpost,com
Metrorail Reports 17 -Month Slide in ®n -Time
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By Lena H. Sun
Washington Post Staff Writer
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Thursday, January 10, 2008; A01
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Metro's latest performance data confirm what subway riders have been
,
saying for months: Train service is getting worse.
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on the heels of the largest fare and fee increases in Metro's history, which
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On-time performance has been declining for the past 17 months; not once
did the agency meet its performance benchmark of having 95 percent of all
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trains run on schedule. On-time performance was worst during the evening
rush, when it hovered in the 80 percent range. The steepest drop occurred
between July and November, when service disruptions increased 30 percent
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from the same period the previous year.
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Deteriorating infrastructure and equipment problems that affect as many as
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half the rail cars in the 1,070 -car fleet are driving up the numbers of
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breakdowns, delays and disruptions, officials said. The chief culprits were
mechanical and door problems.
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Riders' chief concern about Metro is its reliability, the expected focus of
,
discussions at a Metro board committee meeting today. The latest data come
4E, g
on the heels of the largest fare and fee increases in Metro's history, which
9) $
went into effect Sunday.
Officials say the downward trend in performance reflects, in part, more
rigorous reporting methods. But the problems are rooted in an aging transit
system that is bulging at the seams. Parts are failing on Metro's oldest rail Click g,
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cars, which are more than 30 years old, and door controls are ft)i• t1
malfunctioning on its most problematic cars, built by Spanish manufacturer Fre-,o o Quo e!
Construcciones Y Auxiliar de Ferrocarriles, officials said. Together, the two
series of cars make up almost half the fleet.
In November, on-time performance during the morning rush fell to 85
percent, down from about 90 percent the year before. The evening rush was worse, with an on-time
average of 82 percent in November, compared with about 87 percent the previous year.
At the same time, the number of track fires more than doubled. From July to November, there were 75
reports of smoke or fire, according to an analysis of service disruptions, about 2 1/2 times as many as the
29 reported for the same period the previous year.
In August, performance plummeted because of a power failure that resulted in smoke and fire incidents
that shut down 11 rail stations, crippling the system for two days. In November, trains were running at
reduced speeds because morning dew on heavier -than -normal leaf buildup was causing slippery tracks.
Despite the drop in performance, ridership is growing. Average weekday ridership in October was
http://www.washingtonpost.comlwp-dynlcontent/article/2008/01lO9lAR2008010903596_p... 1/10/2008
Metrorail Reports 17 -Month Slide in On -Time Service Page 2 of 3
739,000 trips, up 6 percent from the year before, according to the most recent budget figures.
To improve reliability, Deputy General Manager Gerald Francis said yesterday, officials are replacing
worn equipment faster and doing a better job of cleaning up newspapers and other debris that can spark
fires on track beds.
Agency managers also are trying to pinpoint which rail cars are having the most failures and why. For
example, among the 300 oldest rail cars, a host of mechanical and electrical malfunctions can cause the
braking mechanism to lock up, rail chief Dave Kubicek said. When that happens, safety mechanisms
prevent the train from moving, and passengers have to get off the train.
During rush hour, about 140 trains an hour are moving through the stations in the downtown core, and
one breakdown can quickly lead to backups on the line, Francis said.
Metro personnel so far have identified one component that is failing on the oldest cars. "But not all of
the cars are having that problem," Francis said.
On the series with the door problems, an electronic control is failing and needs to be replaced in all 192
cars, Kubicek said. It is likely to take up to 18 months to make repairs when trains are not in service or
during less -busy times, he said.
From July to November 2007, almost 60 percent of the 1,825 service disruptions were caused by
mechanical and door problems, according to Metro data.
Metro officials said they will increase spending to improve train and bus reliability in the budget year
that begins in July. The first draft of the budget, to be presented today, also calls for more eight -car
trains during rush hours, with the number rising to 50 percent on all five subway lines by spring 2009.
Most trains now have six cars. The agency is also trying to reduce the number of four -car trains it
operates. A car carries 180 to 200 passengers.
Metro will also be spending more to buy needed bus and rail parts.
One obstacle to better performance, officials say, is that Metro, alone among major U.S. transit systems,
does not have a dedicated source of revenue for capital improvements, such as new train cars, buses and
other heavy equipment.
At the same time, the few hours when trains are not running allow little time for track maintenance and
other repairs to be done. That's why such work also takes place almost every weekend and during off-
peak hours.
Yesterday, officials announced several major projects on the Red Line that will mean additional
weekend delays through mid-February.
Research director Lucy Shackelford contributed to this report.
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