                                 CODE OF VIRGINIA

BOARD APPROVAL; INSPECTION AGREEMENT WITH DEPARTMENT (§ 56-544)

A. The applicant for a certificate of authority to construct or enlarge a
roadway pursuant to this chapter shall first secure the approval of the Board
for the project, the project construction costs, the location and design of the
roadway, and its connection with any road under the jurisdiction of the Board,
at proper and convenient places, in order to provide for the convenience of the
public. The Board shall approve or deny approval by the later to occur of (i)
sixty days following receipt of a description of the proposed location and
design of the roadway and its connection with all other roads, or (ii)
forty-five days following the conduct of a hearing contemplated by subsection B
of &#xA7; 33.2-208, if such a hearing is held and provided that the notice
requirements of that section are fulfilled by the Department within thirty days
of receipt of the application, a project design, and a description of the
project and the public need for the project. The Board shall approve the project
and its interconnections with other roads if there is a public need for a road
project of the type proposed and the project and its interconnections are
compatible with the existing road network. It shall approve the project
construction costs if they are reasonable. If interconnections with an
interstate highway or other federal facility are contemplated, the Board&#8217;s
approval shall be conditioned upon ultimate approval of any interconnection if
such federal approvals are required and have not been obtained by the time the
Board acts. Approval of the roadway design shall not be withheld if it conforms
materially with Department practices for toll facilities of similar size and
with similar usage patterns. In making its determinations, the Board shall keep
in mind the public interest, which may include, without limitation, such
considerations as the relative speed of the construction of the project and the
allocation of the technical, financial and human resources of the Department.
The approval granted by the Board shall be conditioned upon subsequent
compliance by the applicant with the agreement contemplated by subsection B of
this section. If the roadway is to be built partially or completely along
existing state highway right-of-way, the Board shall grant the applicant
authority to use such right-of-way only after approval of this use of the
right-of-way by the General Assembly.

B. If approval of the project, project design, and connections of the roadway is
granted by the Board, the Department shall thereafter enter into a comprehensive
agreement with the operator which provides, inter alia, that the Department
shall review and approve plans and specifications for the roadway if they
conform to state practices; that the Department will inspect and approve
construction of the roadway if it conforms to the plans and specifications or
state construction and engineering standards; that the Department will,
throughout the life of the roadway project, monitor the maintenance practices of
the operator and take such actions as are appropriate to ensure the performance
of maintenance obligations; and that the Department shall be reimbursed its
direct project costs, by the operator, for the services performed by the
Department. The agreement shall also provide, inter alia, that the operator will
establish and fund accounts which shall ensure that funds are available to meet
the obligations of the operator; including reasonable reserves for contingencies
and maintenance replacement activities. The approval of plans and
specifications, and construction may be undertaken in phases, but no
construction may commence until approval of plans including that phase of
construction. The services for which the Department shall be reimbursed include
project development costs, such as those attendant to preparation of
environmental impact statements, which are necessary for the construction of the
roadway by a private operator but have been performed by the Department. The
agreement may include a provision that the Department will perform services
necessary for project development on behalf of the operator, and in such a case,
the Department shall be fully reimbursed by the operator for its direct costs.

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