Proposed Text
CHAPTER 72
ACCESS MANAGEMENT REGULATIONS: PRINCIPAL ARTERIALS (REPEALED)
24VAC30-72-10. Definitions. (Repealed.)
"Access management" means the systematic control
of the location, spacing, design, and operation of entrances, median openings,
traffic signals, and interchanges for the purpose of providing vehicular access
to land development in a manner that preserves the safety and efficiency of the
transportation system.
"Commissioner" means the individual who serves as
the chief executive officer of the Department of Transportation or his
designee.
"Commonwealth" means the Commonwealth of
Virginia.
"Crossover" or "median opening" means
an opening in a nontraversable median (such as a concrete barrier or raised
island) that provides for crossing and turning traffic.
"Design speed" means the selected speed used to
determine the geometric design features of the highway.
"District" means each of the nine areas in which
VDOT is divided to oversee the maintenance and construction on the
state-maintained highways, bridges and tunnels within the boundaries of the
area.
"District administrator" means the VDOT employee
assigned to supervise the district.
"District administrator's designee" means the
VDOT employee or employees designated by the district administrator.
"Entrance" means any driveway, street, or other
means of providing for movement of vehicles to or from the highway.
"Entrance, commercial" means any entrance serving
land uses that generate more than 50 vehicular trips per day or the trip
generation equivalent of more than five individual private residences or lots for
individual private residences using the methodology in the Institute of
Transportation Engineers Trip Generation, 8th Edition, 2008.
"Entrance, low volume commercial" means any
entrance, other than a private entrance, serving five or fewer individual residences
or lots for individual residences on a privately owned and maintained road or
land uses that generate 50 or fewer vehicular trips per day using the
methodology in the Institute of Transportation Engineers Trip Generation, 8th
Edition, 2008.
"Entrance, private" means an entrance that serves
up to two private residences and is used for the exclusive benefit of the
occupants or an entrance that allows agricultural operations to obtain access
to fields or an entrance to civil and communication infrastructure facilities
that generate 10 or fewer trips per day such as cell towers, pump stations, and
stormwater management basins.
"Frontage road" means a road that generally runs
parallel to a highway between the highway right-of-way and the front building
setback line of the abutting properties and provides access to the abutting
properties for the purpose of reducing the number of entrances to the highway
and separating the abutting property traffic from through traffic on the
highway.
"Functional area" means the area of the physical
highway feature, such as an intersection, roundabout, railroad grade crossing,
or interchange, plus that portion of the highway that comprises the decision
and maneuver distance and required vehicle storage length to serve that highway
feature.
"Functional area of an intersection" means the
physical area of an at-grade intersection plus all required storage lengths for
separate turn lanes and for through traffic including any maneuvering distance
for separate turn lanes.
"Functional classification" means the federal
system of classifying groups of highways according to the character of service
they are intended to provide and classifications made by the commissioner based
on the operational characteristics of a highway. Each highway is assigned a
functional classification based on the highway's intended purpose of providing
priority to through traffic movement or adjoining property access. The
functional classification system groups highways into three basic categories
identified as (i) arterial, with the function to provide through movement of
traffic; (ii) collector, with the function of supplying a combination of
through movement and access to property; and (iii) local, with the function of
providing access to property.
"Highway," "street," or
"road" means a public way for purposes of vehicular travel, including
the entire area within the right-of-way.
"Intersection" means any at-grade connection with
a highway including two highways or an entrance and a highway.
"Legal speed limit" means the speed limit set
forth on signs lawfully posted on a highway or in the absence of such signs the
speed limit established by Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title
46.2 of the Code of Virginia.
"Level of service" means a qualitative measure
describing the operational conditions within a vehicular traffic stream,
generally in terms of such service measures as speed, travel time, freedom to
maneuver, traffic interruptions, and comfort and convenience.
"Level-of-service" is defined and procedures are presented for
determining the level of service in the Highway Capacity Manual, 2010
(Transportation Research Board).
"Limited access highway" means a highway
especially designed for through traffic over which abutting properties have no
easement or right of light, air, or access by reason of the fact that their
property abuts upon the limited access highway.
"Median" means the portion of a divided highway
that separates opposing traffic flows.
"Operating speed" means the speed at which drivers
are observed operating their vehicles during free-flow conditions with the 85th
percentile of the distribution of observed speeds being the most frequently
used measure of the operating speed of a particular location or geometric
feature.
"Permit" or "entrance permit" means a
document that sets the conditions under which VDOT allows a connection to a
highway.
"Permit applicant" means the person or persons,
firm, corporation, government, or other entity that has applied for a permit.
"Permittee" means the person or persons, firm,
corporation, government, or other entity that has been issued a permit.
"Preliminary subdivision plat" means a plan of
development as set forth in § 15.2-2260 of the Code of Virginia.
"Principal arterial" means the functional
classification for a major highway intended to serve through traffic where
access is carefully controlled, generally highways of regional importance, with
moderate to high volumes of traffic traveling relatively long distances and at
higher speeds.
"Professional engineer" means a person who is
qualified to practice engineering by reason of his special knowledge and use of
mathematical, physical and engineering sciences and the principles and methods
of engineering analysis and design acquired by engineering education and
experience, and whose competence has been attested by the Virginia Board for
Architects, Professional Engineers, Land Surveyors, Certified Interior
Designers and Landscape Architects through licensure as a professional
engineer.
"Reverse frontage road" means a road that is
located to the rear of the properties fronting a highway and provides access to
the abutting properties for the purpose of reducing the number of entrances to
the highway and removing the abutting property traffic from through traffic on
the highway.
"Right-of-way" means that property within the
systems of state highways that is open or may be opened for public travel or
use or both in the Commonwealth. This definition includes those public
rights-of-way in which the Commonwealth has a prescriptive easement for
maintenance and public travel.
"Roadside" means the area adjoining the outer
edge of the roadway. The median of a divided highway may also be considered a
"roadside."
"Roadway" means the portion of a highway,
including shoulders, for vehicular use. A divided highway has two or more
roadways.
"Shared entrance" means a single entrance serving
two or more adjoining parcels.
"Sight distance" means the distance visible to
the driver of a vehicle when the view is unobstructed by traffic.
"Site plan" and "subdivision plat" mean
a plan of development approved in accordance with §§ 15.2-2286 and 15.2-2241
through 15.2-2245 of the Code of Virginia.
"Stopping sight distance" means the distance
required by a driver of a vehicle, traveling at a given speed, to bring the
vehicle to a stop after an object on the highway becomes visible, including the
distance traveled during the driver's perception and reaction times and the
vehicle braking distance.
"Systems of state highways" means all highways
and roads under the ownership, the control, or the jurisdiction of VDOT,
including but not limited to, the primary, secondary and interstate highway.
"Traveled way" means the portion of the roadway
for the movement of vehicles, exclusive of shoulders and turn lanes.
"Trip" means a single or one-directional vehicle
movement either entering or exiting a property; a vehicle leaving the property
is one trip and a vehicle returning to the property is one trip.
"Turn lane" means a separate lane for the purpose
of enabling a vehicle that is entering or leaving a highway to increase or
decrease its speed to a rate at which it can more safely merge or diverge with
through traffic; acceleration and deceleration lanes.
"Urban area" means an urbanized area with a
population of 50,000 or more, or an urban place (small urban area) as
designated by the Bureau of the Census having a population of 5,000 or more and
not within any urbanized area. The Federal Highway Administration defines
"urban area" in more detail based on the federal-aid highway law (23
USC § 101).
"VDOT" means the Virginia Department of
Transportation, its successor, the Commissioner of Highways, or his designees.
24VAC30-72-20. Authority to regulate entrances to highways.
(Repealed.)
A. VDOT's authority to regulate highway entrances and
manage access to highways is provided in §§ 33.1-13, 33.1-197, 33.1-198, 33.1-198.1,
and 33.1-199 of the Code of Virginia, and its authority to make regulations
concerning the use of highways generally is provided in § 33.1-12 (3) of the
Code of Virginia. Each proposed highway entrance creates a potential conflict
point that impacts the safe and efficient flow of traffic on the highway;
therefore, private property interests in access to the highway must be balanced
with public interests of safety and mobility. Managing access to highways can
reduce traffic congestion, help maintain the levels of service, enhance public
safety by decreasing traffic conflict points, support economic development by
promoting the efficient movement of people and goods, reduce the need for new
highways and road widening by improving the performance of existing highways,
preserve the public investment in new highways by maximizing their efficient
operation, and better coordinate transportation and land use decisions.
B. Where a plan of development with the specific location
of an entrance or entrances was proffered pursuant to § 15.2-2297, 15.2-2298,
or 15.2-2303 of the Code of Virginia prior to July 1, 2008, such entrances
shall be exempt from the spacing standards for entrances and intersections in
Appendix F of the Road Design Manual, 2011 (VDOT) provided the requirements of
§ 15.2-2307 of the Code of Virginia have been met. Entrances shown on a
subdivision plat, site plan, preliminary subdivision plat that is valid
pursuant to §§ 15.2-2260 and 15.2-2261 approved in accordance with §§ 15.2-2286
and 15.2-2241 through 15.2-2245 prior to July 1, 2008, shall be exempt from the
spacing standards for entrances and intersections in Appendix F of the Road
Design Manual, 2011 (VDOT).
C. The Commonwealth Transportation Board has the authority
to designate highways as limited access and to regulate access rights to those
facilities as provided in § 33.1-58 of the Code of Virginia. No private or
commercial entrances shall be permitted within limited access rights-of-way
except as may be provided for by the regulation titled Change of Limited Access
Control (24VAC30-401).
D. The VDOT district administrators or their designees are
authorized to issue private entrance permits and commercial entrance permits in
accordance with the provisions of this chapter.
E. In cases where the provisions and requirements of this
chapter conflict with the Land Use Permit Regulations (24VAC30-151), the
provisions and requirements of this chapter shall govern.
24VAC30-72-30. Application to principal arterials. (Repealed.)
A. This chapter shall apply on July 1, 2008, to highways
with a functional classification as a principal arterial.
B. Entrance permits to a highway that does not have a
functional classification as a principal arterial shall be governed by the
provisions of the Access Management Regulations: Minor Arterials, Collectors,
and Local Streets (24VAC30-73).
C. The commissioner shall annually update and publish maps
of the Commonwealth on the VDOT website that show all highways with a
functional classification as a principal arterial.
24VAC30-72-40. Administrative procedures and rules for
obtaining entrance permits. (Repealed.)
All applications for entrance permits shall be obtained
from and submitted to the district administrator's designee for the county in which
the work is to be performed. The permit applicant shall submit the permit
application form, and the entrance permit, if approved, will be issued in
accordance with the applicable administrative rules, requirements, and
procedures of this chapter and the Land Use Permit Regulations (24VAC30-151).
24VAC30-72-50. Appeal and exception procedure. (Repealed.)
A. The permit applicant may appeal denial or revocation or
conditions imposed by a permit in writing to the district administrator with a
copy to the district administrator's designee and the chief administrative
officer of the locality where the entrance is proposed.
1. All appeals must be received within 30 days of receipt of
written notification of denial or revocation or issuance of a permit with
contested conditions and must set forth the grounds for the appeal and include
copies of all prior correspondence with any local government official and VDOT
representatives regarding the issue or issues. The permit applicant may request
a meeting with the district administrator concerning the appeal and the
district administrator will set a date, time, and location for such meeting.
2. After reviewing all pertinent information, the district
administrator will advise the permit applicant in writing regarding the
decision on the appeal within 60 days of receipt of the written appeal request
or such longer timeframe jointly agreed to by the parties, with a copy to the
district administrator's designee and the chief administrative officer of the
locality where the entrance is proposed.
3. The permit applicant may further appeal the district
administrator's decision to the commissioner within 30 days of receipt of
written notification of the district administrator's decision. The commissioner
will advise the permit applicant in writing regarding the decision on the
appeal within 60 days of receipt of the written appeal request, with a copy to
the district administrator and the chief administrative officer of the locality
where the entrance is proposed.
B. The commissioner may grant an exception to the required
sight distance after a traffic engineering investigation has been performed.
1. If a sight distance exception is requested, the permit
applicant shall provide such request in writing to the commissioner with a copy
to the district administrator's designee and the chief administrative officer
of the locality where the entrance is proposed and shall furnish the
commissioner with a traffic engineering investigation report, prepared by a
professional engineer. Refer to Instructional and Informational Memorandum
IIM-LD-227.5, 2011 (VDOT), for requirements concerning approval of sight
distance exceptions.
2. The commissioner will advise the permit applicant in
writing regarding the decision on the sight distance exception request within
60 days of receipt of the written exception request or such longer timeframe
jointly agreed to by the parties, with a copy to the district administrator's
designee and the chief administrative officer of the locality where the
entrance is proposed.
24VAC30-72-60. General provisions governing entrances. (Repealed.)
A. No entrance of any nature may be constructed within the
right-of-way until the location has been approved by VDOT and an entrance
permit has been issued. The violation of any provision of this chapter and any
condition of approval of an entrance permit shall be subject to the penalties
for violations specified in the Land Use Permit Regulations (24VAC30-151).
B. VDOT will permit reasonably convenient access to a
parcel of record. VDOT is not obligated to permit the most convenient access,
nor is VDOT obligated to approve the permit applicant's preferred entrance
location or entrance design. If a parcel is served by more than one road in the
systems of state highways, the district administrator's designee shall
determine upon which road or roads the proposed entrance or entrances is or are
to be constructed.
C. When two or more properties are to be served by the same
entrance, the permit applicant shall ensure that there is a recorded agreement
between the parties specifying the use and future maintenance of the entrance.
A copy of this recorded agreement shall be included in the entrance permit
application submitted to the district administrator's designee. The shared
entrance shall be identified on any site plan or subdivision plat of the
property.
D. The district administrator's designee may require the
permit applicant to alter any proposed entrance location or design, whether
private or commercial, to obtain the best possible operational characteristics,
including, but not limited to, sight distance and entrance spacing.
E. Entrance standards established by localities that are
stricter than those of VDOT shall govern.
24VAC30-72-70. Commercial entrance design. (Repealed.)
A. Low volume commercial entrance design and construction
shall comply with the private entrance design standards in Appendix F of the Road
Design Manual, 2011 (VDOT) and the stopping sight distance provision in
24VAC30-72-80. Commercial entrance design and construction shall comply with
the provisions of this chapter and the standards in the Road Design Manual,
2011 (VDOT), the Road and Bridge Standards, 2008, revised 2011 (VDOT), the Road
and Bridge Specifications 2007, revised 2011 (VDOT), other VDOT engineering and
construction standards as may be appropriate, and any additional conditions,
restrictions, or modifications deemed necessary by the district administrator's
designee to preserve the safety, use and maintenance of the systems of state
highways. Entrance design and construction shall comply with applicable
guidelines and requirements of the Americans with Disabilities Act of 1990 (42
USC § 12101 et seq.). Ramps for curb sections shall be provided as required in
§ 15.2-2021 of the Code of Virginia. The standard drawing for depressed curb
ramp as shown in the Road and Bridge Standards, 2008, revised 2011 (VDOT),
shall be utilized in the design.
1. In the event an entrance is proposed within the limits of
a funded roadway project that will ultimately change a highway, the permit
applicant may be required to construct, to the extent possible, entrances
compatible with the roadway's ultimate design.
2. All entrance design and construction shall accommodate
pedestrian and bicycle users of the abutting highway in accordance with the
Commonwealth Transportation Board's "Policy for Integrating Bicycle and
Pedestrian Accommodations", 2004.
3. All entrance design and construction shall accommodate
transit users of the abutting highway where applicable and provide
accommodations to the extent possible.
4. Based on the existing and planned developments, the
district administrator's designee will determine the need for curb and gutter,
sidewalks, or other features within the general area of the proposed entrance
in accordance with the requirements of this chapter and the design standards in
Appendix F of the Road Design Manual, 2011 (VDOT).
5. Sites accessed by an entrance shall be designed so as to
prevent unsafe and inefficient traffic movements from impacting travel on the
abutting highway. At the request of the district administrator's designee, the
permit applicant shall furnish a report that documents the impact of expected
traffic movements upon the function of the abutting highway during the peak
hours of the abutting highway.
B. It is essential that entrance and site design allow safe
and efficient movements of traffic using the entrance while minimizing the
impact of such movements on the operation of the systems of state highways.
1. The permit applicant shall supply sufficient information
to demonstrate to the satisfaction of the district administrator's designee
that neither the entrance, nor the proposed traffic circulation patterns within
the parcel, will compromise the safety, use, operation, or maintenance of the
abutting highway. A rezoning traffic impact statement or a site
plan/subdivision plat supplemental traffic analysis submitted for a proposed
development of a parcel in accordance with the Traffic Impact Analysis
Regulations (24VAC30-155) may be used for this purpose, provided that it
adequately documents the effect of the proposed entrance and its related
traffic on the operation of the highway to be accessed.
2. If the proposed entrance will cause the systems of state
highways to experience degradation in safety or a significant increase in delay
or a significant reduction in capacity beyond an acceptable level of service,
the applicant shall be required to submit a plan to mitigate these impacts and
to bear the costs of such mitigation measures.
3. Proposed mitigation measures must be approved by the
district administrator's designee prior to permit approval. Mitigation measures
that may be considered include but are not limited to:
a. Construction of auxiliary lanes or turning lanes, or
pavement transitions/tapers;
b. Construction of new crossovers, or the relocation,
removal, or consolidation of existing crossovers;
c. Installation, modification, or removal of traffic
signals and related traffic control equipment;
d. Provisions to limit the traffic generated by the
development served by the proposed entrance;
e. Dedication of additional right-of-way or easement, or
both, for future road improvements;
f. Reconstruction of existing roadway to provide required
vertical and horizontal sight distances;
g. Relocation or consolidation of existing entrances; or
h. Recommendations from adopted corridor studies, design
studies, other access management practices and principles, or any combination
of these, not otherwise mentioned in this chapter.
4. If an applicant is unwilling or unable to mitigate the
impacts identified in the traffic impact analysis, the entrance shall be
physically restricted to right-in or right-out movements or both or similar
restrictions such that the public interests in a safe and efficient flow of
traffic on the systems of state highways are protected.
24VAC30-72-80. Minimum sight distance for commercial
entrances. (Repealed.)
A. No less than minimum intersection sight distance shall
be obtained for a commercial entrance and no less than minimum stopping sight distance
shall be obtained for a low volume commercial entrance. Sight distances shall
be measured in accordance with VDOT practices, and sight distance requirements
shall conform to VDOT standards as described in Appendix F of the Road Design
Manual, 2011 (VDOT). The legal speed limit shall be used unless the design
speed is available and approved for use by VDOT.
B. The operating speed may be used in lieu of the legal
speed limit in cases where the permit applicant furnishes the district
administrator's designee with a speed study prepared in accordance with the
Manual on Uniform Traffic Control Devices 2003, revised 2007 (FHWA) methodology
that demonstrates the operating speed of the segment of highway is lower than
the legal speed limit and, in the judgment of the district administrator's
designee, use of the operating speed will not compromise safety for either a
driver at an entrance or a driver on the abutting highway.
C. VDOT may require that the vertical or horizontal
alignment of the existing roadway be adjusted to accommodate certain design
elements of a proposed commercial entrance including, but not limited to,
median openings, crossovers, roundabouts, and traffic signals, where adjustment
is deemed necessary. The cost of any work performed to adjust the horizontal or
vertical alignment of the roadway to achieve required intersection sight
distance at a proposed entrance shall be borne by the permit applicant.
24VAC30-72-90. Private entrances. (Repealed.)
A. The property owner shall identify the desired location
of the private entrance with the assistance of the district administrator's designee.
If the minimum intersection sight distance cannot be met, the entrance should
be placed at the location with the best possible sight distance as determined
by the district administrator's designee. The district administrator's designee
may require the property owner to grade slopes, clear brush, remove trees, or
conduct other similar efforts, or any combination of these, to provide the
safest possible means of ingress and egress that can be reasonably achieved.
B. The property owner shall obtain an entrance permit and,
on shoulder and ditch section roads, shall be responsible for installing the
private entrance in accordance with VDOT policies and engineering standards.
The property owner may request VDOT to perform the stabilization of the shoulder
and installation of the entrance pipe. In such cases, VDOT may install the
private entrance pipe and will stabilize the shoulder at the property owner's
expense. If VDOT installs these portions of the entrance, a cost estimate for
the installation will be provided to the property owner; however, VDOT will
bill the property owner the actual cost of installation. The property owner
shall be responsible for all grading beyond the shoulder.
C. Grading and installation of a driveway from the edge of
the pavement to the right-of-way line shall be the responsibility of the
property owner.
D. Installation of a private entrance on a curb and gutter
street shall be the responsibility of the property owner.
E. Maintenance of private entrances shall be by the owner of
the entrance, except that VDOT shall maintain:
1. On shoulder section roadways, that portion of the
entrance within the normal shoulder portion of the roadway.
2. On roadways with ditches, the drainage pipe at the
entrance.
3. On roadways with curb, gutter, and sidewalk belonging to
VDOT, that portion of the entrance that extends to the back of the sidewalk. If
a sidewalk is not present, to the back of the curb line.
4. On roadways with curb, gutter, and sidewalk not belonging
to VDOT, only to the flow line of the gutter pan.
5. On roadways with shoulders, ditches, and sidewalk
belonging to VDOT, that portion of the entrance that extends to the back of the
sidewalk.
24VAC30-72-100. Commercial entrances - coordination with
local governments. (Repealed.)
A. For all commercial entrances, the permit applicant shall
contact and coordinate with appropriate local government agencies to identify possible
conflicts with local, state or federal regulations and plans, including but not
limited to local zoning and subdivision regulations, environmental regulations,
land use plans, transportation plans, corridor studies, and access management
plans.
B. If local governments have established site
plan/subdivision plat approval processes for developments, VDOT will not
approve a commercial entrance permit for the development prior to the local
government's approval of the site plan or subdivision plat for the development.
If neither a local government site plan nor a subdivision plat approval process
is applicable, VDOT will not approve a commercial entrance permit for the
development prior to the local government's approval of any applicable land use
authorization for the development.
C. Any transportation-related funds, real property, or
improvements committed to or received by a local government through the land
use regulatory process does not release the applicant from fees and
improvements required by VDOT. When a local government requires improvements to
the abutting state highway in accordance with the locality's adopted
transportation plan, VDOT may require additional improvements to ensure the
safety and capacity of the proposed entrances and to manage existing entrances
along the highway.
24VAC30-72-110. Tenure of commercial entrances. (Repealed.)
A. The tenure of a commercial entrance to any highway is
conditional. Reconstruction, relocation, commercial entrance consolidation, or
upgrading, or a combination of these, may be required at the owner's cost when
the district administrator's designee determines after review that one of the
conditions listed below exists. If the necessary changes are not made, the
entrance may be closed at the direction of the district administrator's
designee.
1. Safety - When the entrance has been found to be unsafe
for public use in its present condition because of physical degradation of the
entrance, increase in motor vehicle traffic, or some other safety-related
condition.
2. Use - When traffic in and out of the entrance has changed
significantly to require modifications or reconstruction, or both. Such changes
may include, but are not limited to, changes in traffic volume or operational
characteristics of the traffic.
3. Maintenance - When the entrance becomes unserviceable due
to heavy equipment damage or reclamation by natural causes.
B. VDOT will maintain the commercial entrance only within
the normal shoulder of the roadway or to the flow line of the gutter pan. The
owner shall maintain all other portions of the entrance, including entrance
aprons, curb and gutter, culvert and drainage structures.
C. Commercial entrances may also be reviewed by the
district administrator's designee when any of the following occur:
1. The property is being considered for rezoning or other
local legislative action that involves a change in use of the property.
2. The property is subject to a site plan or subdivision
plat review.
3. There is a change in commercial use either by the
property owner or by a tenant.
4. Vehicular/pedestrian circulation between adjoining
properties becomes available.
These periodic reviews are necessary to provide both the
driver and other highway users with a safe and operationally efficient means of
travel on state highways.
D. The provisions of this section shall apply to low volume
commercial entrances.
24VAC30-72-120. Commercial entrance access management. (Repealed.)
A. As commercial entrance locations and designs are
prepared and reviewed, appropriate access management regulations and standards shall
be utilized to ensure the safety, integrity and operational characteristics of
the transportation system are maintained. The proposed commercial entrance
shall meet the access management standards contained in Appendix F of the Road
Design Manual, 2011 (VDOT) and the regulations in this chapter to provide the
users of such entrance with a safe means of ingress and egress while minimizing
the impact of such ingress and egress on the operation of the highway. As part
of any commercial entrance permit review, the district administrator's designee
will determine what improvements are needed to preserve the operational
characteristics of the highway, accommodate the proposed traffic and, if
entrance design modifications are needed, incorporate them accordingly to
protect the transportation corridor. If the location of the entrance is within
the limits of an access management plan approved by the local government and
VDOT, the plan should guide the district administrator's designee in
determining the appropriate design and location of the entrance. Access
management requirements, in addition to the regulations in this chapter,
include but are not limited to:
1. Restricting commercial entrance locations. To prevent
undue interference with free traffic movement and to preserve safety, entrances
to the highways shall not be permitted within the functional areas of
intersections, roundabouts, railroad grade crossings, interchanges or similar
areas with sensitive traffic operations. Only the commissioner may grant an
exception to this requirement in accordance with the procedures set forth in
24VAC30-72-50 B.
2. Entrances shared with adjoining properties. To reduce the
number of entrances to state highways, the district administrator's designee
shall require that shared entrances be created and designed to serve adjoining
parcels unless the permit applicant submits compelling evidence that a
reasonable agreement cannot be reached with adjoining property owners or that
there are physical constraints, including but not limited to topography,
environmentally sensitive areas, and hazardous uses, to creating a shared
entrance. A copy of the property owners' recorded agreement to share use of and
maintain the entrance shall be submitted with the permit application for a shared
entrance. The shared entrance shall be identified on any site plan or
subdivision plat of the property. A permit applicant shall not be required to
follow the procedures for an appeal set forth in 24VAC30-72-50 to receive an
exception to the requirements of this subdivision.
3. Spacing of entrances and intersections. The spacing of
proposed entrances and intersections shall comply with the spacing standards
for entrances and intersections in Appendix F of the Road Design Manual, 2011
(VDOT) except as specified below.
a. On older, established business corridors of a locality
within an urban area where existing entrances and intersections did not meet
the spacing standards prior to July 1, 2008, spacing for new entrances and
intersections may be allowed by the district administrator's designee that is
consistent with the established spacing along the highway, provided that
reasonable efforts are made to comply with the other access management
requirements of this section including restricting entrances within the
functional areas of intersections, sharing entrances with and providing
vehicular and pedestrian connections between adjoining properties, and
physically restricting entrances to right-in or right-out or both movements.
b. Where a developer proposes a development within a
designated urban development area as defined in § 15.2-2223.1 of the Code of
Virginia and other comparable local designations that fully incorporates
principles of new urbanism and traditional neighborhood development, which may include
but need not be limited to (i) pedestrian-friendly road design, (ii)
interconnection of new local streets with existing local streets and roads,
(iii) connectivity of road and pedestrian networks, (iv) preservation of
natural areas, (v) satisfaction of requirements for stormwater management, (vi)
mixed-use neighborhoods, including mixed housing types, (vii) reduction of
front and side yard building setbacks, and (viii) reduction of subdivision
street widths and turning radii at subdivision street intersections, the
district administrator's designee may approve spacing standards for entrances
and intersections internal to the development that differ from the otherwise
applicable spacing standards provided that such entrances and intersections
meet the intersection sight distance standards specified in Appendix F of the
Road Design Manual, 2011 (VDOT).
c. Where a development's second or additional commercial
entrances are necessary for the streets in the development to be eligible for
acceptance into the secondary system of state highways and such commercial
entrances cannot meet the spacing standards for highways, the district
administrator's designee shall waive such state requirements that necessitate
second or additional commercial entrances.
4. Vehicular/pedestrian circulation between adjoining
properties. To facilitate traffic circulation between adjacent properties,
reduce the number of entrances to the highway, and maximize use of new
signalized intersections, the permit applicant shall be required to record
access easements and to construct vehicular connections (which may include
frontage roads or reverse frontage roads) in such a manner that affords safe
and efficient future access between the permit applicant's property and the
adjoining properties. Where appropriate, the permit applicant also shall
construct pedestrian connections to the boundary lines of adjoining undeveloped
properties.
a. Such connections shall not be required if there are
physical constraints to making such connections between properties including
but not limited to topography, environmentally sensitive areas, and hazardous
uses.
b. At such time that a commercial entrance permit
application is submitted for the adjoining property, a condition of permit
issuance shall be to extend such vehicular/pedestrian connections into the
proposed development.
c. If a permit applicant cannot or does not wish to comply
with this requirement, the permit applicant's entrance shall be physically
restricted to right-in or right-out movements or both or similar restrictions
such that the public interests in a safe and efficient flow of traffic on the
systems of state highways are protected.
d. Development sites under the same ownership or
consolidated for the purposes of development and comprised of more than one
building site shall provide a unified access and circulation system between the
sites.
5. Traffic signal spacing. To promote the efficient
progression of traffic on highways, commercial entrances that are expected to
serve sufficient traffic volumes and movements to require signalization shall
not be permitted if the spacing between the entrance and at least one adjacent
signalized intersection is below signalized intersection spacing standards in
Appendix F of the Road Design Manual, 2011 (VDOT). If sufficient spacing
between adjacent traffic signals is not available, the entrance shall be
physically restricted to right-in or right-out movements or both or similar
restrictions such that the public interests in a safe and efficient flow of
traffic on the systems of state highways are protected and preserved.
6. Limiting entrance movements. To preserve the safety and
function of certain highways, the district administrator's designee may require
an entrance to be designed and constructed in such a manner as to physically
prohibit certain traffic movements.
B. A request for an exception from the access management
requirements subsection A of this section shall follow the procedures for an
appeal set forth in 24VAC30-72-50. In addition such request shall include
specific and documented reasons based on a traffic engineering investigation
report prepared showing that highway operation and safety will not be adversely
impacted by the requested exception.
C. VDOT may work with a locality or localities on access
management corridor plans. Such plans may allow for spacing standards that
differ from and supersede the spacing standards for entrances and intersections
in Appendix F of the Road Design Manual, 2011 (VDOT), subject to approval by
the commissioner.
24VAC30-72-130. Drainage. (Repealed.)
A. Entrances shall be constructed so as not to impair
drainage within the right-of-way and so that surface water shall drain from the
roadway.
B. Where deemed necessary by the district administrator's
designee, a commercial entrance applicant shall provide copies of a complete
drainage layout based on a drainage study by a licensed design professional.
This layout shall clearly show how the permit applicant proposes to handle the
drainage and run-off from applicant's development.
C. Pipe ends of culverts shall be reviewed independently by
the district administrator's designee and grading or treatment at pipe ends
shall minimize any hazard the pipe ends or structures may present to an errant
vehicle.
24VAC30-72-150. Temporary entrances (construction/logging
entrances). (Repealed.)
A. Construction of temporary construction or logging
entrances upon the systems of state highways shall be authorized in accordance with
the provisions in the Land Use Permit Regulations (24VAC30-151). The permit
applicant must contact the appropriate district administrator's designee to
approve the location prior to installing an entrance or utilizing an existing
entrance. The district administrator's designee shall also be contacted to
arrange and conduct a final inspection prior to closing a temporary
construction or logging entrance. In the event that adequate sight distance is
not achieved, additional signage that meets the Manual on Uniform Traffic
Control Devices standards, 2003, revised 2007, and certified flaggers shall be
used to ensure safe ingress and egress.
B. Entrances shall be designed and operated in such a
manner as to prevent mud and debris from being tracked from the site onto the
highway's paved surface. If debris is tracked onto the highway, it shall be
removed by the permittee immediately as directed by the district
administrator's designee.
C. The permittee must restore, at the permittee's cost, all
disturbed highway rights-of-way, including, but not limited to, ditches,
shoulders, roadside and pavement, to their original condition when removing the
entrance. All such restorations are subject to approval by the district
administrator's designee.
24VAC30-72-160. Access to public waters. (Repealed.)
VDOT may grant the use of portions of the highway
right-of-way for access to public waters upon written request from the
Executive Director of the Virginia Department of Game and Inland Fisheries to
the commissioner. The district administrator's designee may require that a
commercial entrance permit be obtained in accordance with the provisions of
this chapter for entrances that will provide access to landings, wharves, and
docks.
FORMS (24VAC30-72)
LUP-A
- Land Use Permit Application (rev. 03/10).
LUP-SP
- Land Use Permit Special Provisions (Notice of Permittee Liability (rev.
12/10).
LUP-CSB
- Corporate Surety Bond (rev. 03/10).
DOCUMENTS INCORPORATED BY REFERENCE (24VAC30-72)
Information pertaining to the availability and cost of any
of these publications should be directed to the address indicated for the specific
document. Requests for documents of the Virginia Department of Transportation
(VDOT) may be obtained from the department at 1401 E. Broad St., Richmond,
Virginia 23219; however, department documents may be available over the
Internet at www.virginiadot.org.
VDOT
Road Design Manual, 2011.
Note: Appendix F (Access Management Design Standards for
Entrances and Intersections) contains the access management standards
referenced in Chapters 863 and 928 of the 2007 Acts of Assembly and Chapters
274 and 454 of the 2008 Acts of Assembly.
VDOT
Road and Bridge Specifications, 2007, revised 2011.
VDOT
Road and Bridge Standards, 2008, revised 2011.
VDOT
Policy for Integrating Bicycle and Pedestrian Accommodations, 2004.
VDOT
Instructional and Informational Memorandum IIM-LD-227.5, 2011.
CHAPTER 73
ACCESS MANAGEMENT REGULATIONS: MINOR ARTERIALS, COLLECTORS, AND LOCAL
STREETS
24VAC30-73-10. Definitions.
"Access management" means the systematic control of
the location, spacing, design, and operation of entrances, median
openings/crossovers, traffic signals, and interchanges for the purpose of
providing vehicular access to land development in a manner that preserves the
safety and efficiency of the transportation system systems of state
highways.
"Collectors" means the functional classification of highways that provide land access service and traffic circulation within residential, commercial, and industrial areas. The collector system distributes trips from principal and minor arterials through the area to the ultimate destination. Conversely, collectors also collect traffic and channel it into the arterial system.
"Commissioner" means the individual who serves as the chief executive officer of the Department of Transportation or his designee.
"Commonwealth" means the Commonwealth of Virginia.
"Crossover" means an opening in a nontraversable
median (such as a concrete barrier or raised island) that provides for crossing
movements and left and right turning movements.
"Design speed" means the selected speed used to determine the geometric design features of the highway.
"District" means each of the nine areas in which
VDOT is divided to oversee the maintenance and construction on the state-maintained
state highways, bridges, and tunnels within the boundaries of the
area.
"District administrator" means the VDOT employee assigned to supervise the district.
"District administrator's designee" means the VDOT employee or employees designated by the district administrator.
"Entrance" means any driveway, street, or other means of providing for movement of vehicles to or from the highway.
"Entrance, commercial" means any entrance serving land uses that generate more than 50 vehicular trips per day or the trip generation equivalent of more than five individual private residences or lots for individual private residences using the methodology in the Institute of Transportation Engineers Trip Generation, 8th Edition, 2008.
"Entrance, low volume commercial" means any entrance, other than a private entrance, serving five or fewer individual residences or lots for individual residences on a privately owned and maintained road or land uses that generate 50 or fewer vehicular trips per day using the methodology in the Institute of Transportation Engineers Trip Generation 8th Edition, 2008.
"Entrance, private" means an entrance that serves up to two private residences and is used for the exclusive benefit of the occupants or an entrance that allows agricultural operations to obtain access to fields or an entrance to civil and communication infrastructure facilities that generate 10 or fewer trips per day such as cell towers, pump stations, and stormwater management basins.
"Frontage road" means a road that generally runs parallel to a highway between the highway right-of-way and the front building setback line of the abutting properties and provides access to the abutting properties for the purpose of reducing the number of entrances to the highway and separating the abutting property traffic from through traffic on the highway.
"Functional area" means the area of the physical highway feature, such as an intersection, roundabout, railroad grade crossing, or interchange, plus that portion of the highway that comprises the decision and maneuver distance and required vehicle storage length to serve that highway feature.
"Functional area of an intersection" means the physical area of an at-grade intersection plus all required storage lengths for separate turn lanes and for through traffic, including any maneuvering distance for separate turn lanes.
"Functional classification" means the federal system of classifying groups of highways according to the character of service they are intended to provide and classifications made by the commissioner based on the operational characteristics of a highway. Each highway is assigned a functional classification based on the highway's intended purpose of providing priority to through traffic movement or adjoining property access. The functional classification system groups highways into three basic categories identified as (i) arterial, with the function to provide through movement of traffic; (ii) collector, with the function of supplying a combination of through movement and access to property; and (iii) local, with the function of providing access to property and to other streets.
"Highway," "street," or "road" means a public way for purposes of vehicular travel, including the entire area within the right-of-way, that is part of the systems of state highways.
"Intersection" means (i) a crossing of two or more highways at grade, (ii) a crossover, or (iii) any at-grade connection with a highway such as a commercial entrance.
"Intersection sight distance" means the sight distance required at an intersection to allow the driver of a stopped vehicle a sufficient view of the intersecting highway to decide when to enter, or cross, the intersecting highway.
"Legal speed limit" means the speed limit set forth on signs lawfully posted on a highway or, in the absence of such signs, the speed limit established by Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 of the Code of Virginia.
"Level of service" means a qualitative measure describing the operational conditions within a vehicular traffic stream, generally in terms of such service measures as speed, travel time, freedom to maneuver, traffic interruptions, and comfort and convenience. "Level-of-service" is defined and procedures are presented for determining the level of service in the Highway Capacity Manual, 2010 (Transportation Research Board).
"Limited access highway" means a highway especially designed for through traffic over which abutting properties have no easement or right of light, air, or access by reason of the fact that those properties abut upon the limited access highway.
"Local streets" means the functional classification for highways that comprise all facilities that are not collectors or arterials. Local streets serve primarily to provide direct access to abutting land and to other streets.
"Median" means the portion of a divided highway that separates opposing traffic flows.
"Median opening" means a crossover or a directional opening in a nontraversable median (such as a concrete barrier or raised island) that physically restricts movements to specific turns such as left turns and U-turns.
"Minor arterials" means the functional classification for highways that interconnect with and augment the principal arterial system. Minor arterials distribute traffic to smaller geographic areas providing service between and within communities.
"Operating speed" means the speed at which drivers are observed operating their vehicles during free-flow conditions with the 85th percentile of the distribution of observed speeds being the most frequently used measure of the operating speed of a particular location or geometric feature.
"Permit" or "entrance permit" means a document that sets the conditions under which VDOT allows a connection to a highway.
"Permit applicant" means the person or persons, firm, corporation, government, or other entity that has applied for a permit.
"Permittee" means the person or persons, firm, corporation, government, or other entity that has been issued a permit.
"Preliminary subdivision plat" means a plan of development as set forth in § 15.2-2260 of the Code of Virginia.
"Principal arterials" means the functional classification for major highways intended to serve through traffic where access is carefully controlled, generally highways of regional importance, with moderate to high volumes of traffic traveling relatively long distances and at higher speeds.
"Professional engineer" means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects through licensure as a professional engineer.
"Reverse frontage road" means a road that is located to the rear of the properties fronting a highway and provides access to the abutting properties for the purpose of reducing the number of entrances to the highway and removing the abutting property traffic from through traffic on the highway.
"Right-of-way" means that property within the systems of state highways that is open or may be opened for public travel or use or both in the Commonwealth. This definition includes those public rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel.
"Roadway" means the portion of a highway,
including shoulders, for vehicular use. A divided highway has two or more
roadways.
"Roundabout" means a circular intersection with
yield control of all entering traffic, right-of-way assigned to traffic
within the circular roadway, intersection and channelized
approaches and a central island that deflect entering traffic to the right.
"Shared entrance" means a single entrance serving two or more adjoining parcels.
"Sight distance" means the distance visible to the driver of a vehicle when the view is unobstructed by traffic.
"Site plan" and "subdivision plat" mean a plan of development approved in accordance with §§ 15.2-2286 and 15.2-2241 through 15.2-2245 of the Code of Virginia.
"Stopping sight distance" means the distance required by a driver of a vehicle, traveling at a given speed, to bring the vehicle to a stop after an object on the highway becomes visible, including the distance traveled during the driver's perception and reaction times and the vehicle's braking distance.
"Systems of state highways" means all highways, streets, and roads under the ownership, the control, or the jurisdiction of VDOT, including but not limited to, the primary, secondary, and interstate highways.
"Trip" means a single or one-directional vehicle movement either entering or exiting a property; a vehicle leaving the property is one trip and a vehicle returning to the property is one trip.
"Turn lane" means a separate lane for the purpose of enabling a vehicle that is entering or leaving a highway to increase or decrease its speed to a rate at which it can more safely merge or diverge with through traffic; an acceleration or deceleration lane.
"Urban area" means an urbanized area with a
population of 50,000 or more, or an urban place (small urban area) as
designated by the Bureau of the Census having a population of 5,000 or more and
not within any urbanized area. The Federal Highway Administration defines "urban
area" in more detail based on the federal-aid highway law (23 USC § 101).
"VDOT" means the Virginia Department of Transportation, its successor, the Commissioner of Highways, or his designees.
24VAC30-73-20. Authority to regulate entrances to systems of state highways.
A. VDOT's authority to regulate highway entrances and
manage access to highways is provided in §§ 33.1-13, 33.1-197, 33.1-198,
33.1-198.1, and 33.1-199 of the Code of Virginia, and its authority to make
regulations concerning the use of highways generally is provided in § 33.1-12
(3) of the Code of Virginia. Each proposed highway entrance creates a
potential conflict point that impacts the safe and efficient flow of traffic on
the highway; therefore, private property interests in access to the highway
must be balanced with public interests of safety and mobility. Managing access
to highways can reduce traffic congestion, help maintain the levels of service,
enhance public safety by decreasing traffic conflict points, support economic
development by promoting the efficient movement of people and goods, reduce the
need for new highways and road widening by improving the performance of
existing highways, preserve the public investment in new highways by maximizing
their efficient operation, and better coordinate transportation and land use
decisions.
B. The Commonwealth Transportation Board has the authority to designate highways as limited access and to regulate access rights to those facilities as provided in § 33.1-58 of the Code of Virginia. No private or commercial entrances shall be permitted within limited access rights-of-way except as may be provided for by the regulation titled Change of Limited Access Control (24VAC30-401).
C. The district administrators or their designees are authorized to issue private entrance permits and commercial entrance permits in accordance with the provisions of this chapter.
24VAC30-73-30. Application to minor arterials, collectors,
and local streets Applicability.
A. This chapter shall apply on October 14, 2009, to any
highway with a functional classification as a principal arterial, minor
arterial, collector, or local street unless otherwise indicated herein. Any
highway with a functional classification as a principal arterial is governed by
the provisions of 24VAC30-72.
B. The commissioner shall publish maps of the Commonwealth on the VDOT website that show all highways with the above functional classifications and shall periodically update such maps.
24VAC30-73-60. General provisions governing entrances.
A. No entrance of any nature may be constructed within the
right-of-way until the location has been approved by VDOT and an entrance
permit has been issued. Any person violating any provision of this chapter
and any condition of approval of an entrance permit shall be guilty of a
misdemeanor and, upon conviction, shall be punished as provided for in §
33.1-198 of the Code of Virginia. Such person shall be civilly liable to the
Commonwealth for actual damage sustained by the Commonwealth by reason of his
wrongful act. The provisions of § 33.1-198 of the Code of Virginia
shall govern any violation.
B. VDOT will permit reasonably convenient access to a parcel of record. VDOT is not obligated to permit the most convenient access, nor is VDOT obligated to approve the permit applicant's preferred entrance location or entrance design. If a parcel is served by more than one road in the systems of state highways, the district administrator's designee shall determine upon which road or roads the proposed entrance or entrances is or are to be constructed.
C. Entrance standards established by localities that are stricter than those of VDOT shall govern.
24VAC30-73-70. Commercial entrance design.
A. Low volume commercial entrance design and construction shall comply with the private entrance design standards in Appendix F of the Road Design Manual, 2011 (VDOT) and the stopping or intersection sight distance provision in 24VAC30-73-80. Commercial entrance design and construction shall comply with the provisions of this chapter and the standards in the Road Design Manual, 2011 (VDOT), the Road and Bridge Standards, 2008, revised 2011, the Road and Bridge Specifications, 2007, revised 2011 (VDOT), other VDOT engineering and construction standards as may be appropriate, and any additional conditions, restrictions, or modifications deemed necessary by the district administrator's designee to preserve the safety, use and maintenance of the systems of state highways. Entrance design and construction shall comply with applicable guidelines and requirements of the Americans with Disabilities Act of 1990 (42 USC § 12101 et seq.). Ramps for curb sections shall be provided as required in § 15.2-2021 of the Code of Virginia. The standard drawing for depressed curb ramp as shown in the Road and Bridge Standards, 2008, revised 2011, shall be utilized in the design.
1. In the event an entrance is proposed within the limits of a
funded roadway highway project that will ultimately change a
highway, the permit applicant may be required to construct, to the extent
possible, entrances compatible with the roadway's highway's
ultimate design.
2. All entrance design and construction shall accommodate pedestrian and bicycle users of the abutting highway in accordance with the Commonwealth Transportation Board's "Policy for Integrating Bicycle and Pedestrian Accommodations", 2004.
3. All entrance design and construction shall accommodate transit users of the abutting highway where applicable and provide accommodations to the extent possible.
4. Based on the existing and planned developments, the district administrator's designee will determine the need for curb and gutter, sidewalks, or other features within the general area of the proposed entrance in accordance with the requirements of this chapter and the design standards in Appendix F of the Road Design Manual, 2011 (VDOT).
5. Sites accessed by an entrance shall be designed so as to prevent unsafe and inefficient traffic movements from impacting travel on the abutting highway. At the request of the district administrator's designee, the permit applicant shall furnish a report that documents the impact of expected traffic movements upon the function of the abutting highway during the peak hours of the abutting highway or during the peak hours of the generator, whichever is appropriate as determined by the district administrator's designee.
6. The use of a shared entrance between adjacent property owners shall be the preferred method of access.
7. The construction of new crossovers, or the relocation, removal, or consolidation of existing crossovers shall be approved in accordance with the crossover location approval process specified in Appendix F of the Road Design Manual, 2011 (VDOT).
B. It is essential that entrance and site design allow safe and efficient movements of traffic using the entrance while minimizing the impact of such movements on the operation of the systems of state highways.
1. The permit applicant shall supply sufficient information to
demonstrate to the satisfaction of the district administrator's designee that
neither the entrance, nor the proposed traffic circulation patterns
within the parcel, will compromise the safety, use, operation, or
maintenance of the abutting highway. A rezoning traffic impact statement or
a site plan/subdivision plat supplemental traffic analysis submitted for a
proposed development of a parcel in accordance with the Traffic Impact Analysis
Regulations (24VAC30-155) may be used for this purpose, provided that it
adequately documents the effect of the proposed entrance and its related
traffic on the operation of the highway to be accessed.
2. If the proposed entrance will cause the systems of state highways to experience degradation in safety or a significant increase in delay or a significant reduction in capacity beyond an acceptable level of service, the applicant shall be required to submit a plan to mitigate these impacts and to bear the costs of such mitigation measures.
3. Proposed mitigation measures must be approved by the district administrator's designee prior to permit approval. The district administrator's designee will consider what improvements will be needed to preserve the operational characteristics of the highway, accommodate the proposed traffic and, if entrance design modifications are needed, incorporate them accordingly to protect the transportation corridor. Mitigation measures that may be considered include but are not limited to:
a. Construction of auxiliary lanes or turning lanes, or pavement transitions/tapers;
b. Construction of new crossovers, or the relocation, removal, or consolidation of existing crossovers;
c. Installation, modification, or removal of traffic signals and related traffic control equipment;
d. Provisions to limit the traffic generated by the development served by the proposed entrance;
e. Dedication of additional right-of-way or easement, or both,
for future road highway improvements;
f. Reconstruction of existing roadway highway to
provide required vertical and horizontal sight distances;
g. Relocation or consolidation of existing entrances; or
h. Recommendations from adopted corridor studies, design studies, other access management practices and principles, or any combination of these, not otherwise mentioned in this chapter.
4. If an applicant is unwilling or unable to mitigate the impacts identified in the traffic impact analysis, the entrance shall be physically restricted to right-in or right-out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected.
24VAC30-73-80. Minimum sight distance for commercial entrances.
A. No less than minimum intersection sight distance shall be obtained for a commercial entrance and no less than minimum stopping or intersection sight distance shall be obtained for a low volume commercial entrance. Sight distances shall be measured in accordance with VDOT practices, and sight distance requirements shall conform to VDOT standards as described in Appendix F of the Road Design Manual, 2011 (VDOT). The legal speed limit shall be used unless the design speed is available and approved for use by VDOT.
B. The operating speed may be used in lieu of the legal speed limit in cases where the permit applicant furnishes the district administrator's designee with a speed study prepared in accordance with the Manual on Uniform Traffic Control Devices, 2003, revised 2007 (FHWA), methodology that demonstrates the operating speed of the segment of highway is lower than the legal speed limit and, in the judgment of the district administrator's designee, use of the operating speed will not compromise safety for either a driver at an entrance or a driver on the abutting highway.
C. VDOT may require that the vertical or horizontal alignment
of the existing roadway highway be adjusted to accommodate
certain design elements of a proposed commercial entrance including, but not
limited to, median openings, crossovers, roundabouts, and traffic signals,
where adjustment is deemed necessary. The cost of any work performed to adjust
the horizontal or vertical alignment of the roadway highway to
achieve required intersection sight distance at a proposed entrance shall be
borne by the permit applicant.
24VAC30-73-90. Private entrances.
A. The property owner shall identify the desired location of the private entrance with the assistance of the district administrator's designee. If the minimum intersection sight distance standards specified in Appendix F of the Road Design Manual, 2011 (VDOT), cannot be met, the entrance should be placed at the location with the best possible sight distance as determined by the district administrator's designee. The district administrator's designee may require the property owner to grade slopes, clear brush, remove trees, or conduct other similar efforts, or any combination of these, necessary to provide the safest possible means of ingress and egress that can be reasonably achieved.
B. The property owner shall obtain an entrance permit and, on shoulder and ditch section roads, shall be responsible for installing the private entrance in accordance with VDOT policies and engineering standards. The property owner may request VDOT to perform the stabilization of the shoulder and installation of the entrance pipe. In such cases, VDOT may install the private entrance pipe and will stabilize the shoulder at the property owner's expense. If VDOT installs these portions of the entrance, a cost estimate for the installation will be provided to the property owner; however, VDOT will bill the property owner the actual cost of installation. The property owner shall be responsible for all grading beyond the shoulder.
C. Grading and installation of a driveway from the edge of the pavement to the right-of-way line shall be the responsibility of the property owner.
D. Installation of a private entrance on a curb and gutter street shall be the responsibility of the property owner.
E. Maintenance of private entrances shall be by the owner of the entrance, except that VDOT shall maintain:
1. On shoulder section roadways highways, that
portion of the entrance within the normal shoulder portion of the roadway
highway.
2. On roadways highways with ditches, the
drainage pipe at the entrance.
3. On roadways highways with curb, gutter, and
sidewalk belonging to VDOT, that portion of the entrance that extends to the
back of the sidewalk. If a sidewalk is not present, that portion of the
entrance that extends to the back of the curb line.
4. On roadways highways with curb, gutter, and
sidewalk not belonging to VDOT, only to the flow line of the gutter pan.
5. On roadways highways with shoulders, ditches,
and sidewalk belonging to VDOT, that portion of the entrance that extends to
the back of the sidewalk.
24VAC30-73-110. Existing commercial entrances.
A. The tenure of a commercial entrance to any highway is conditional. Reconstruction, relocation, commercial entrance consolidation, or upgrading, or a combination of these, may be required at the owner's cost when the district administrator's designee determines after review that one of the conditions listed below exists. If the necessary changes are not made, the entrance may be closed at the direction of the district administrator's designee.
1. Safety - When the entrance has been found to be unsafe for public use in its present condition because of physical degradation of the entrance, increase in motor vehicle traffic, or some other safety-related condition.
2. Use - When traffic in and out of the entrance has changed significantly to require modifications or reconstruction, or both. Such changes may include, but are not limited to, changes in traffic volume or operational characteristics of the traffic.
3. Maintenance - When the entrance becomes unserviceable due to heavy equipment damage or reclamation by natural causes.
B. VDOT will maintain the commercial entrance only within the
normal shoulder of the roadway highway or to the flow line of the
gutter pan. The owner shall maintain all other portions of the entrance,
including entrance aprons, curb and gutter, culvert and drainage structures.
C. Commercial entrances may also be reviewed by the district administrator's designee, and reconstruction, relocation, commercial entrance consolidation, or upgrading, or a combination of these, may be required, when any of the following occur:
1. The property is being considered for rezoning or other local legislative action that involves a change in use of the property.
2. The property is subject to a site plan or subdivision plat review.
3. There is a change in commercial use either by the property owner or by a tenant.
4. Vehicular/pedestrian circulation between adjoining properties becomes available.
These periodic reviews are necessary to provide both the driver and other highway users with a safe and operationally efficient means of travel on state highways.
D. The provisions of this section shall apply to low volume commercial entrances.
24VAC30-73-120. Commercial entrance access management.
A. As commercial entrance locations and designs are prepared
and reviewed, appropriate access management regulations and standards shall be
utilized to ensure the safety, integrity and operational characteristics of the
transportation system systems of state highways are maintained.
The proposed commercial entrance shall meet the access management standards
contained in Appendix F of the Road Design Manual, 2011 (VDOT), and the
regulations in this chapter to provide the users of such entrance with a safe
means of ingress and egress while minimizing the impact of such ingress and
egress on the operation of the highway.
B. A proposed development's compliance with the access
management requirements specified below should be considered during the local
government and VDOT's review of any rezoning, site plan, or subdivision plat
for the development. VDOT's review of a rezoning traffic impact statement and
a site plan/subdivision plat supplemental traffic analysis submitted for a
development in accordance with the Traffic Impact Analysis Regulations
(24VAC30-155) shall include comments on the development's compliance with the
access management requirements specified below.
C. Access management requirements, in addition to other regulations in this chapter, include but are not limited to:
1. Restricting commercial entrance locations. To prevent undue
interference with free traffic movement and to preserve safety, entrances to
the highways shall not be permitted within the functional areas of
intersections, roundabouts, railroad grade crossings, interchanges or similar
areas with sensitive traffic operations. A request for an exception to this
requirement submitted according to 24VAC30-73-120 D shall include a traffic
engineering investigation report study that contains specific and
documented reasons showing that highway operation and safety will not be
adversely impacted.
2. Entrances Commercial entrances shared with
adjoining properties on minor arterials and collectors. To reduce the
number of entrances to state highways, a condition of entrance permit issuance
shall be that entrances serve two or more parcels. A street that meets the
Secondary Street Acceptance Requirements (24VAC30-92) will be publicly
maintained and shall be the preferred method for shared entrances as such
entrances will allow for the future development of a network of publicly
maintained streets. Otherwise a A shared commercial entrance shall
be created and designed to serve adjoining properties. A copy of the property
owners' recorded agreement to share use of and maintain the entrance shall be
included with the entrance permit application submitted to the district
administrator's designee. The shared entrance shall be identified on any site
plan or subdivision plat of the property. The district administrator's designee
is authorized to approve an exception to this requirement upon submittal of a
request according to 24VAC30-73-120 D that includes the following:
a. Written evidence that a reasonable agreement to share an entrance cannot be reached with adjoining property owners, or
b. Documentation that there are physical constraints, including but not limited to topography, environmentally sensitive areas, and hazardous uses, to creating a shared entrance.
3. Spacing of commercial entrances and intersections. The spacing of proposed entrances and intersections shall comply with the spacing standards for entrances and intersections in Appendix F of the Road Design Manual, 2011 (VDOT), except as specified below.
a. Where a plan of development or a condition of development
that identifies the specific location of an entrance or entrances was proffered
pursuant to §§ 15.2-2297, 15.2-2298, or 15.2-2303 of the Code of
Virginia as part of a rezoning approved by the locality prior to July 1,
2008, for principal arterials or October 14, 2009, for minor arterials,
collectors, or local streets, such entrances shall be exempt from the
applicable spacing standards for entrances and intersections, provided the
requirements of § 15.2-2307 of the Code of Virginia have been met. Entrances
shall be exempt from the applicable spacing standards for entrances and
intersections when the location of such entrances are shown on a subdivision
plat, site plan, preliminary subdivision plat, or a Secondary Street Acceptance
Requirements (24VAC30-92) conceptual sketch that was submitted by the locality
to VDOT for review and received by VDOT prior to July 1, 2008, for principal
arterials or October 14, 2009, for minor arterials, collectors, or local
streets, or is valid pursuant to §§ 15.2-2260 and 15.2-2261 of the Code of
Virginia and was approved in accordance with §§ 15.2-2286 and 15.2-2241 through
15.2-2245 of the Code of Virginia prior to July 1, 2008, for principal
arterials or October 14, 2009, for minor arterials, collectors, or local
streets. The district administrator's designee is authorized to exempt such
entrances from the spacing standards upon submittal of a request according to
24VAC30-73-120 D that includes documentation of the above criteria.
b. VDOT may work with a locality or localities on access management corridor plans. Such plans may allow for spacing standards that differ from and supersede the applicable spacing standards for entrances and intersections, subject to approval by the district administrator. Such plans may also identify the locations of any physical constraints to creating shared entrances or vehicular/pedestrian connections between adjoining properties (see 24VAC30-73-120 C 2 and C 4). If the permit applicant submits a request according to 24VAC30-73-120 D for an exception to the spacing standards and provides documentation that the location of the proposed commercial entrance is within the limits of an access management plan approved by the local government and by VDOT, the plan should guide the district administrator's designee in approving the exception request and in determining the appropriate location of the entrance.
c. On older, established business corridors of along
a highway in a locality within an urban area where existing
entrances and intersections did not meet the spacing standards prior to July
1, 2008, for principal arterials or October 14, 2009, for minor
arterials, collectors, or local streets, spacing for new entrances and
intersections may be allowed by the district administrator's designee that is
consistent with the established spacing along the highway, provided that the
permit applicant submits a request according to 24VAC30-73-120 D for an
exception to the spacing standards that includes evidence that reasonable
efforts were made to comply with the other access management requirements of
this section including restricting entrances within the functional areas of
intersections, sharing entrances with and providing vehicular and pedestrian
connections between adjoining properties, and physically restricting entrances
to right-in or right-out or both movements.
d. Where a developer proposes a development within a
designated urban development area as defined in § 15.2-2223.1 of the Code of
Virginia or an area designated in the local comprehensive plan for higher
density development that incorporates principles of new urbanism and traditional
neighborhood development, which may include but need not be limited to (i)
pedestrian-friendly road design, (ii) interconnection of new local streets with
existing local streets and roads, (iii) connectivity of road and pedestrian
networks, (iv) preservation of natural areas, (v) satisfaction of requirements
for stormwater management, (vi) mixed-use neighborhoods, including mixed
housing types, (vii) reduction of front and side yard building setbacks, and
(viii) reduction of subdivision street widths and turning radii at subdivision
street intersections, the district administrator's designee may approve spacing
standards for public street entrances and intersections internal
to the development that differ from the otherwise applicable spacing standards,
provided that the developer submits a request according to 24VAC30-73-120 D for
an exception to the spacing standards that includes information on the design
of the development and on the conformance of such entrances and intersections
with the intersection sight distance standards specified in Appendix F of the
Road Design Manual, 2011 (VDOT).
e. Where a development's second or additional commercial entrances are necessary for the streets in the development to be eligible for acceptance into the secondary system of state highways in accordance with the Secondary Street Acceptance Requirements (24VAC30-92) and such commercial entrances cannot meet the spacing standards for highways, the developer may submit a request according to 24VAC30-73-120 D for an exception to the spacing standards that includes information on the design of the development. The following shall apply to the exception request:
(1) For highways with a functional classification as a collector or local street, the district administrator's designee may approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances. Such commercial entrances shall be required to meet the intersection sight distance standards specified in Appendix F of the Road Design Manual, 2011 (VDOT).
(2) For highways with a functional classification as a principal or minor arterial, the district administrator's designee shall, in consultation with the developer and the locality within which the development is proposed, either approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances, or waive such state requirements that necessitate second or additional commercial entrances. If approved, such commercial entrances shall be required to meet the intersection sight distance standards specified in Appendix F of the Road Design Manual, 2011 (VDOT).
f. Where a parcel of record has insufficient frontage on a
highway to meet the spacing standards because of the dimensions of the parcel
or a physical constraint such as topography or an environmentally sensitive
area, the entrance shall be physically restricted to right-in or right-out
movements or both or similar restrictions such that the public interests in a
safe and efficient flow of traffic on the systems of state highways are
protected and preserved. A request for an exception to this requirement
submitted according to 24VAC30-73-120 D shall include a traffic engineering investigation
report study that contains specific and documented reasons showing
that highway operation and safety will not be adversely impacted.
4. Vehicular/pedestrian circulation between adjoining undeveloped properties. To facilitate traffic circulation between adjacent properties, reduce the number of entrances to the highway, and maximize use of new signalized intersections, the permit applicant shall be required on a highway with a functional classification as a principal or minor arterial highway, and may be required by the district administrator's designee on a highway with a functional classification as a collector, as a condition of commercial entrance permit issuance, to record access easements and to construct vehicular connections to the boundaries of the adjoining undeveloped property (which may include frontage roads or reverse frontage roads) in such a manner that affords safe and efficient future access between the permit applicant's property and adjoining undeveloped properties.
a. Where appropriate, the permit applicant also shall construct pedestrian connections to the boundary lines of adjoining undeveloped properties and adjoining developed properties with sidewalks that abut the property.
b. At such time that a commercial entrance permit application is submitted for the adjoining property, a condition of permit issuance shall be to extend such vehicular/pedestrian connections into the proposed development.
c. Development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall provide a unified vehicular and pedestrian access connection and circulation system between the sites.
a. d. Such connections shall not be required if
the permit applicant submits a request for an exception according to
24VAC30-73-120 D and provides documentation that there are physical constraints
to making such connections between properties, including but not limited to
topography, environmentally sensitive areas, and hazardous uses, or provides
documentation of other constraints to making such connections.
b. e. If a permit applicant does not wish to
comply with this requirement, the permit applicant's entrance shall be
physically restricted to right-in or right-out movements or both or similar restrictions
such that the public interests in a safe and efficient flow of traffic on the
systems of state highways are protected.
5. Traffic signal spacing. To promote the efficient progression
of traffic on highways, commercial entrances that are expected to serve
sufficient traffic volumes and movements to require signalization shall not be
permitted if the spacing between the entrance and at least one adjacent
signalized intersection is below signalized intersection spacing standards in
Appendix F of the Road Design Manual, 2011 (VDOT). If sufficient spacing
between adjacent traffic signals is not available, the entrance shall be
physically restricted to right-in or right-out movements or both or similar
restrictions such that the public interests in a safe and efficient flow of
traffic on the systems of state highways are protected and preserved. A request
for an exception to this requirement submitted according to subsection D of
this section 24VAC30-73-120 D shall include a traffic engineering investigation
report study that (i) evaluates the suitability of the entrance
location for design as a roundabout, and (ii) contains specific and
documented reasons showing that highway operation and safety will not be
adversely impacted.
6. Limiting entrance movements. To preserve the safety and function of certain highways, the district administrator's designee may require an entrance to be designed and constructed in such a manner as to physically prohibit certain traffic movements.
D. A request for an exception from the access management
requirements in subsection C of this section 24VAC30-73-120 C
shall be submitted in writing to the district administrator's designee. The
request shall identify the type of exception, describe the reasons for the
request, and include all documentation specified in 24VAC30-73-120 C for the
type of exception. After considering all pertinent information including any
improvements that will be needed to the entrance or intersection to protect the
operational characteristics of the highway, the district administrator's
designee will advise the applicant in writing regarding the decision on the
exception request within 30 calendar days of receipt of the written exception
request, with a copy to the district administrator. The applicant may appeal
the decision of the district administrator's designee to the district
administrator in accordance with the procedures for an appeal set forth in
24VAC30-73-50.
24VAC30-73-130. Drainage.
A. Entrances shall be constructed so as not to impair drainage
within the right-of-way and so that surface water shall drain from the roadway
highway.
B. Where deemed necessary by the district administrator's designee, a commercial entrance applicant shall provide copies of a complete drainage layout based on a drainage study by a licensed design professional. This layout shall clearly show how the permit applicant proposes to handle the drainage and run-off from applicant's development.
C. Pipe ends of culverts shall be reviewed independently by the district administrator's designee and grading or treatment at pipe ends shall minimize any hazard the pipe ends or structures may present to an errant vehicle.