Hello,
I am the Staunton City Attorney, and we asked Delegate McLaughlin to sponsor this bill.
When subdivision applications are presented to the City (and other towns/cities throughout Virginia), cities and towns do not ordinarily have the authority to require sidewalks as part of that process. The 1979 Supreme Court case of Hylton Enterprises v. Board of Supervisors of Prince William County, 220 Va. 435 (1979) prohibits localities from requiring sidewalks as part of the subdivision process.
The General Assembly enacted 2014 legislation that permits towns in the Northern Virginia Transportation District to require sidewalks as part of the subdivision process as long as sidewalks are designated on the locality's pedestrian plan.
Like many cities and towns across Virginia, Staunton's residents are interested in greater pedestrian opportunities. These pedestrian opportunities are beneficial to the environment as well as to residents' health. The general thrust of land use and planning policy over the past two decades has been to promote greater access and opportunity for pedestrians. The ability to require sidewalks in subdivisions would aid this policy goal.
The City of Staunton respectfully requests the General Assembly to authorize a study examining the feasibility of providing the same authority to all cities and towns that is currently provided to towns in the Northern Virginia Transportation District.
I am thankful for your consideration of these comments.
John Blair
Hello, I am the Staunton City Attorney, and we asked Delegate McLaughlin to sponsor this bill. When subdivision applications are presented to the City (and other towns/cities throughout Virginia), cities and towns do not ordinarily have the authority to require sidewalks as part of that process. The 1979 Supreme Court case of Hylton Enterprises v. Board of Supervisors of Prince William County, 220 Va. 435 (1979) prohibits localities from requiring sidewalks as part of the subdivision process. The General Assembly enacted 2014 legislation that permits towns in the Northern Virginia Transportation District to require sidewalks as part of the subdivision process as long as sidewalks are designated on the locality's pedestrian plan. Like many cities and towns across Virginia, Staunton's residents are interested in greater pedestrian opportunities. These pedestrian opportunities are beneficial to the environment as well as to residents' health. The general thrust of land use and planning policy over the past two decades has been to promote greater access and opportunity for pedestrians. The ability to require sidewalks in subdivisions would aid this policy goal. The City of Staunton respectfully requests the General Assembly to authorize a study examining the feasibility of providing the same authority to all cities and towns that is currently provided to towns in the Northern Virginia Transportation District. I am thankful for your consideration of these comments. John Blair