June 17, 2008

The Honorable Pierce Homer

Secretary of Transportation

c/o Virginia Department of Transportation/Policy Office

1401 East Broad Street

Richmond, Virginia 23219

Dear Secretary Homer:

I have reviewed the proposed standards and have a great deal of concern about both the process followed and the ability of these standards as currently drafted to achieve their stated goals.

These regulations are being promulgated in response to the addition last year of section 33.1-70.3 to the Code of Virginia.  This code change established three changes that are to be incorporated into VDOT regulations:

1.  requirements to ensure the connectivity of road and pedestrian networks with the existing and future transportation network;

2.  provisions to minimize stormwater runoff and impervious surface area, and,

3.  provisions for performance bonding of new secondary streets and associated cost recovery fees.

Over the years the connectivity between communities has been reduced as an existing community will object to the residents of a new community driving through the older neighborhood.  As a result, the final zoning conditions frequently limit connectivity.  This situation should be corrected.  However, the regulations being distributed by the Secretary of Transportation to address the issue of connectivity, (item 1, above) go well beyond the purpose intended by Senate Bill 1181 (2007).  The discussion surrounding this bill was on the connectivity “between” neighborhoods – not within.   Notwithstanding the intent of the bill, the connectivity ratio of 1.6 is appropriate for Traditional Neighborhood Development (TND) techniques with new development.  Local government regulations are not in place to accommodate such techniques and densities.  Those states that specify a connectivity ratio – specify a ratio of 1.4 or lower which is more appropriate than the 1.6 being proposed.

The regulations fail to address the second item, minimizing stormwater runoff and impervious surface area, in any meaningful way.  In fact, with the increased street and sidewalk requirements, the effect of these changes will be to increase the amount of impervious surface area and runoff.

When we meet with your representative, he indicated that funds were not available to evaluate the impact these regulations will have on the environment, on the proportional increase in the amount of roadway built per lot or in the increased maintenance costs associated with the proposal. 

In a time when the VDOT budget is severely stressed, when the Virginia is finally turning its attention to restoring the Chesapeake Bay, to undertake sweeping changes without full consideration of their effect is a breech of the public trust.  I urge that effect of the proposed regulations be carefully examined before they are enacted.

Thank you.

Sincerely,
 

Clement “Kim” Tingley, PE