56-540 - Application.
§ 56-540. Application.
The Commission may charge a reasonable application fee to cover the costs ofprocessing, reviewing, and approving or denying the application. Theapplication for a certificate of authority shall contain the followingmaterial and information:
1. The geographic area to be served by the roadway and a topographic mapindicating the route of the roadway;
2. A list of the property owners through whose property the roadway orhighway will pass or whose property will abut the roadway or highway;
3. The method by which the operator will secure all right-of-way required forthe roadway, including a description of the nature of the interest in thelands to be acquired, which shall provide, at a minimum, for permanentdedication for transportation purposes, except that in cases in which theDepartment would not have authority to condemn land because of the identityof the owner, the interest to be acquired shall be of the same type andduration as that which the Department would obtain under the circumstances;
4. The comprehensive plan or plans for all counties, cities, and townsthrough which the roadway will pass and an analysis which shows that theroadway conforms to these comprehensive plans. To the extent that the roadwayconforms to such plans, the fact that the operator is not the Commonwealthshall not affect the construction and operation of the roadway;
5. The operator's plan for financing the proposed construction or enlargementof the roadway, including proposed tolls to be charged for use of theroadway, projected amounts to be collected from such tolls and anticipatedtraffic volume and detailed plans for distribution of funds, including thepriority in which necessary expenditures will be made. The plan forfinancing may be structured to include, without limitation, provisions forthe issuance of debt, equity, or other securities, lease financing, thepledge of revenues or other assets or rights of the operator, or anycombination thereof;
6. The operator's plan for operation of the proposed roadway or enlargementthereof;
7. A list of all permits and approvals required for construction of theroadway from local, state, or federal agencies and a schedule for securingsuch approvals;
8. An overall description of the project, the project design, and allproposed interconnections with the state highway system, including anyinterstate highway, or secondary system of highways or the streets or roadsof any county, city, or town not within the state highway system, accompaniedby a copy of the approval of the project, the roadway design andinterconnections from the Board, as well as the county, city, or town forconnection with a street or road not under state control;
9. A list of public utility facilities to be crossed and plans for suchcrossings or relocations of such facilities;
10. A certificate of the operator that the roadway will be designed andconstructed to meet Department standards, and substantially in accordancewith a proposed timetable which is agreeable to the Department, and that theoperator will provide a design, review, and inspection agreement with theDepartment which shall provide that the Department shall authorizeconstruction upon review and approval of the plans and specifications for theroadway and its interconnection with other roads, and that it shall inspectperiodically the progress of the construction work to ensure its compliancewith the Department standards; and
11. Completion and performance bonds in form and amount satisfactory to theCommission, which amounts shall be set after consultation with the Department.
(1988, c. 649; 1990, c. 180; 1991, c. 272.)