Kaine's Plan May Embolden Va. Leaders

Localities Could Get More Say on Growth

Democratic Gov. Timothy M. Kaine addresses the Commonwealth Transportation Board in Richmond. (By Steve Helber -- Associated Press)

Gov. Timothy M. Kaine's plan to manage growth and traffic has the potential to provide more power to local officials, who have long described themselves as overmatched in the battle to control development.

The centerpiece of Kaine's proposal would give local governments the explicit power to reject requests for higher-density projects that would overwhelm their roads. For years, cities and counties in Virginia have said they were uncertain about whether they have the authority to block developers' requests for higher-density projects based on concerns about traffic congestion.

Often, counties have approved projects despite such misgivings, to avoid being sued by a developer.

Shining a light on this gray area and spelling out local governments' authority to block requests would fortify them in their dealings with developers, said Kim Hosen, a member of the Prince William County Planning Commission.

"It would clarify what authority localities have and take away confusion," Hosen said. Right now, "the only way a county has to test the authority they have is to be taken to court, and local officials don't like to do that. Localities have a lot of authority that they're not using."

Kaine's plan grew out of a campaign pledge to better link development with transportation capacity to help relieve congestion on Virginia's roads. Since the Democratic governor laid out his ideas to the General Assembly on Monday, the proposals have been under fire from developers.

In addition to clarifying local governments' authority, Kaine's plan would bring uniformity to traffic impact studies, strengthen cooperation between state transportation planners and local officials and allow for the transfer of development rights from one part of a city or county to another.

Northern Virginia officials say one likely effect of the plan would be to give localities greater leeway in directing growth into areas where their planners have intended it, such as near rail stops.

There are also things the proposal wouldn't do. The plan would give local governments clearer authority in reviewing developers' requests to rezone land but not more power to reject plans in areas where zoning allows what a developer is proposing. For that reason, the plan wouldn't affect many building projects on the horizon.

In that regard, Kaine is not going as far as states such as Maryland, where localities can judge projects by whether there are "adequate public facilities" to support them, even in areas where projects are allowed under existing zoning. In Maryland and many other states, local authorities assess impact fees on developers to cover the cost of public services.

In Virginia, a strong tradition of property rights and constitutional limits on local governments has led most localities to make do with a less formal system in which developers offer money for school or road improvements. Such proffers are negotiated only for rezonings and not for cases in which the zoning allows for the developer's plans.

Several slow-growth advocates said they hoped that Kaine might yet consider limits on growth where the zoning is in place. Virginia Transportation Secretary Pierce R. Homer ruled out such limits, saying "the administration does not support an adequate public facilities approach."