                                 CODE OF VIRGINIA

APPLICATION (§ 56-540)

The Commission may charge a reasonable application fee to cover the costs of
processing, reviewing, and approving or denying the application. The application
for a certificate of authority shall contain the following material and
information:

1. The geographic area to be served by the roadway and a topographic map
indicating the route of the roadway;

2. A list of the property owners through whose property the roadway or highway
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 for
the roadway, including a description of the nature of the interest in the lands
to be acquired, which shall provide, at a minimum, for permanent dedication for
transportation purposes, except that in cases in which the Department would not
have authority to condemn land because of the identity of the owner, the
interest to be acquired shall be of the same type and duration as that which the
Department would obtain under the circumstances;

4. The comprehensive plan or plans for all counties, cities, and towns through
which the roadway will pass and an analysis which shows that the roadway
conforms to these comprehensive plans. To the extent that the roadway conforms
to such plans, the fact that the operator is not the Commonwealth shall not
affect the construction and operation of the roadway;

5. The operator&#8217;s plan for financing the proposed construction or
enlargement of the roadway, including proposed tolls to be charged for use of
the roadway, projected amounts to be collected from such tolls and anticipated
traffic volume and detailed plans for distribution of funds, including the
priority in which necessary expenditures will be made. The plan for financing
may be structured to include, without limitation, provisions for the issuance of
debt, equity, or other securities, lease financing, the pledge of revenues or
other assets or rights of the operator, or any combination thereof;

6. The operator&#8217;s plan for operation of the proposed roadway or
enlargement thereof;

7. A list of all permits and approvals required for construction of the roadway
from local, state, or federal agencies and a schedule for securing such
approvals;

8. An overall description of the project, the project design, and all proposed
interconnections with the state highway system, including any interstate
highway, or secondary system of highways or the streets or roads of any county,
city, or town not within the state highway system, accompanied by a copy of the
approval of the project, the roadway design and interconnections from the Board,
as well as the county, city, or town for connection with a street or road not
under state control;

9. A list of public utility facilities to be crossed and plans for such
crossings or relocations of such facilities;

10. A certificate of the operator that the roadway will be designed and
constructed to meet Department standards, and substantially in accordance with a
proposed timetable which is agreeable to the Department, and that the operator
will provide a design, review, and inspection agreement with the Department
which shall provide that the Department shall authorize construction upon review
and approval of the plans and specifications for the roadway and its
interconnection with other roads, and that it shall inspect periodically the
progress of the construction work to ensure its compliance with the Department
standards; and

11. Completion and performance bonds in form and amount satisfactory to the
Commission, which amounts shall be set after consultation with the Department.

HISTORY: 1988, c. 649; 1990, c. 180; 1991, c. 272.