56-544 - Board approval; inspection agreement with Department.
§ 56-544. Board approval; inspection agreement with Department.
A. The applicant for a certificate of authority to construct or enlarge aroadway pursuant to this chapter shall first secure the approval of the Boardfor the project, the project construction costs, the location and design ofthe roadway, and its connection with any road under the jurisdiction of theBoard, at proper and convenient places, in order to provide for theconvenience of the public. The Board shall approve or deny approval by thelater to occur of (i) sixty days following receipt of a description of theproposed location and design of the roadway and its connection with all otherroads, or (ii) forty-five days following the conduct of a hearingcontemplated by § 33.1-18, if such a hearing is held and provided that thenotice requirements of that section are fulfilled by the Department withinthirty days of receipt of the application, a project design, and adescription of the project and the public need for the project. The Boardshall approve the project and its interconnections with other roads if thereis a public need for a road project of the type proposed and the project andits interconnections are compatible with the existing road network. It shallapprove the project construction costs if they are reasonable. Ifinterconnections with an interstate highway or other federal facility arecontemplated, the Board's approval shall be conditioned upon ultimateapproval of any interconnection if such federal approvals are required andhave not been obtained by the time the Board acts. Approval of the roadwaydesign shall not be withheld if it conforms materially with Departmentpractices for toll facilities of similar size and with similar usagepatterns. In making its determinations, the Board shall keep in mind thepublic interest, which may include, without limitation, such considerationsas the relative speed of the construction of the project and the allocationof the technical, financial and human resources of the Department. Theapproval granted by the Board shall be conditioned upon subsequent complianceby the applicant with the agreement contemplated by subsection B of thissection. If the roadway is to be built partially or completely along existingstate highway right-of-way, the Board shall grant the applicant authority touse such right-of-way only after approval of this use of the right-of-way bythe General Assembly.
B. If approval of the project, project design, and connections of the roadwayis granted by the Board, the Department shall thereafter enter into acomprehensive agreement with the operator which provides, inter alia, thatthe Department shall review and approve plans and specifications for theroadway if they conform to state practices; that the Department will inspectand approve construction of the roadway if it conforms to the plans andspecifications or state construction and engineering standards; that theDepartment will, throughout the life of the roadway project, monitor themaintenance practices of the operator and take such actions as areappropriate to ensure the performance of maintenance obligations; and thatthe Department shall be reimbursed its direct project costs, by the operator,for the services performed by the Department. The agreement shall alsoprovide, inter alia, that the operator will establish and fund accounts whichshall ensure that funds are available to meet the obligations of theoperator; including reasonable reserves for contingencies and maintenancereplacement activities. The approval of plans and specifications, andconstruction may be undertaken in phases, but no construction may commenceuntil approval of plans including that phase of construction. The servicesfor which the Department shall be reimbursed include project developmentcosts, such as those attendant to preparation of environmental impactstatements, which are necessary for the construction of the roadway by aprivate operator but have been performed by the Department. The agreement mayinclude a provision that the Department will perform services necessary forproject development on behalf of the operator, and in such a case, theDepartment shall be fully reimbursed by the operator for its direct costs.
(1988, c. 649; 1991, c. 272.)