33.1-268 - Definitions.
§ 33.1-268. Definitions.
As used in this article, the following words and terms shall have thefollowing meanings:
(1) The word "Board" means the Commonwealth Transportation Board, or if theCommonwealth Transportation Board is abolished, any board, commission orofficer succeeding to the principal functions thereof or upon whom the powersgiven by this article to the Board shall be given by law.
(2) The word "project" or "projects" means any one or more of thefollowing:
(a) York River Bridges, extending from a point within the Town of Yorktown inYork County, or within York County across the York River to Gloucester Pointor some point in Gloucester County.
(b) Rappahannock River Bridge, extending from Greys Point, or its vicinity,in Middlesex County, across the Rappahannock River to a point in the vicinityof White Stone, in Lancaster County, or at some other feasible point in thegeneral vicinity of the two respective points.
(c), (d) [Reserved.]
(e) James River Bridge, from a point at or near Jamestown, in James CityCounty, across the James River to a point in Surry County.
(f), (g) [Reserved.]
(h) James River, Chuckatuck and Nansemond River Bridges, together withnecessary connecting roads, in the Cities of Newport News and Suffolk and theCounty of Isle of Wight.
(i) [Reserved.]
(j) Hampton Roads Bridge, Tunnel, or Bridge and Tunnel System, extending froma point or points in the Cities of Newport News and Hampton on the northwestshore of Hampton Roads across Hampton Roads to a point or points in the Cityof Norfolk or Suffolk on the southeast shore of Hampton Roads.
(k) The Norfolk-Virginia Beach Highway, extending from a point in thevicinity of the intersection of Interstate Route 64 and Primary Route 58 atNorfolk to some feasible point between London Bridge and Primary Route 60.
(l) The Henrico-James River Bridge, extending from a point on the easternshore of the James River in Henrico County to a point on the western shore,between Falling Creek and Bells Road interchanges of the Richmond-PetersburgTurnpike; however, the project shall be deemed to include all property,rights, easements and franchises relating to any of the foregoing projectsand deemed necessary or convenient for the operation thereof and to includeapproaches thereto.
(m) The limited access highway between the Patrick Henry Airport area and theNewport News downtown area which generally runs parallel to tracks of theChesapeake and Ohio Railroad.
(n) Transportation improvements in the Dulles Corridor, with an easternterminus of the East Falls Church Metrorail station at Interstate Route 66and a western terminus of Virginia Route 772 in Loudoun County, includingwithout limitation the Dulles Toll Road, the Dulles Access Road, outerroadways adjacent or parallel thereto, mass transit, including rail, busrapid transit, and capacity enhancing treatments such as High-OccupancyVehicle lanes, High-Occupancy Toll (HOT) lanes, interchange improvements,commuter parking lots, and other transportation management strategies.
(o), (p) [Repealed.]
(q) Subject to the limitations and approvals of § 33.1-279.1, any otherhighway for a primary highway transportation improvement district ortransportation service district which the Board has agreed to finance under acontract with any such district or any other alternative mechanism forgeneration of local revenues for specific funding of a project satisfactoryto the Commonwealth Transportation Board, the financing for which is to besecured by Transportation Trust Fund revenues under any appropriation made bythe General Assembly for that purpose and payable first from revenuesreceived under such contract or other local funding source, second, to theextent required, from funds appropriated and allocated, pursuant to thehighway allocation formula as provided by law, to the highway constructiondistrict in which the project is located or to the county or counties inwhich the project is located and third, to the extent required from otherlegally available revenues of the Trust Fund and from any other availablesource of funds.
(r) U.S. 58 Corridor Development Program projects as defined in §§33.1-221.1:2 and 58.1-815.
(s) The Northern Virginia Transportation District Program as defined in §33.1-221.1:3.
(t) Any program for highways or mass transit or transportation facilities,endorsed by the local jurisdiction or jurisdictions affected, which agreethat certain distributions of state recordation taxes will be dedicated andused for the payment of any bonds or other obligations, including interestthereon, the proceeds of which were used to pay the cost of the program. Anysuch program shall be referred to as a "Transportation Improvement Program."
(u) Any project designated from time to time by the General Assembly financedin whole or part through the issuance of Commonwealth of Virginia FederalHighway Reimbursement Anticipation Notes.
(v) Any project authorized by the General Assembly financed in whole or inpart by funds from the Priority Transportation Fund established pursuant to §33.1-23.03:8 or from the proceeds of bonds whose debt service is paid inwhole or in part by funds from such Fund.
(3) The word "undertaking" means all of the projects authorized to beacquired or constructed under this article.
(4) The word "improvements" means such repairs, replacements, additions andbetterments of and to a project acquired by purchase or by condemnation asare deemed necessary to place it in a safe and efficient condition for theuse of the public, if such repairs, replacements, additions and bettermentsare ordered prior to the sale of any bonds for the acquisition of suchproject.
(5) The term "cost of project" as applied to a project to be acquired bypurchase or by condemnation, includes the purchase price or the amount of theaward, cost of improvements, financing charges, interest during any period ofdisuse before completion of improvements, cost of traffic estimates and ofengineering and legal expenses, plans, specifications and surveys, estimatesof cost and of revenues, other expenses necessary or incident to determiningthe feasibility or practicability of the enterprises, administrative expensesand such other expenses as may be necessary or incident to the financingherein authorized and the acquisition of the project and the placing of theproject in operation.
(6) The term "cost of project" as applied to a project to be constructed,embraces the cost of construction, the cost of all lands, properties, rights,easements and franchises acquired which are deemed necessary for suchconstruction, the cost of acquiring by purchase or condemnation any ferrywhich is deemed by the Board to be competitive with any bridge to beconstructed, the cost of all machinery and equipment, financing charges,interest prior to and during construction and for one year after completionof construction, cost of traffic estimates and of engineering data,engineering and legal expenses, cost of plans, specifications and surveys,estimates of cost and of revenues, other expenses necessary or incident todetermining the feasibility or practicability of the enterprise,administrative expense and such other expenses as may be necessary orincident to the financing herein authorized, the construction of the project,the placing of the project in operation and the condemnation of propertynecessary for such construction and operation.
(7) The word "owner" includes all individuals, incorporated companies,copartnerships, societies or associations having any title or interest in anyproperty rights, easements or franchises authorized to be acquired by thisarticle.
(8) [Repealed.]
(9) The words "revenue" and "revenues" include tolls and any other moneysreceived or pledged by the Board pursuant to this article, including, withoutlimitation, legally available Transportation Trust Fund revenues and anyfederal highway reimbursements and any other federal highway assistancereceived from time to time by the Commonwealth.
(10) The terms "toll project" and "toll projects" mean projects financedin whole or in part through the issuance of revenue bonds which are securedby toll revenues generated by such project or projects.
(Code 1950, § 33-228; 1950, p. 145; 1954, c. 578; 1956, c. 158; 1962, c. 273;1964, c. 558; 1970, c. 322; 1972, c. 2; 1974, cc. 52, 297; 1982, c. 261;1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, Sp. Sess., cc. 9, 11; 1990,c. 710; 1991, cc. 666, 713; 1993, cc. 391, 793; 1994, cc. 520, 589; 1995, c.354; 2000, cc. 1019, 1044; 2004, c. 807; 2007, c. 896.)