West Virginia Code 7-27-7 – Submission of road construction project plan to Commissioner of Highways; contents of application
(a) After the county commission has finalized its road construction project plan, the commission may submit the plan to the Commissioner of Highways.
Terms Used In West Virginia Code 7-27-7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commissioner of Highways: means the chief executive officer of the Division of Highways of the Department of Transportation provided in section one, article two-a, chapter . See West Virginia Code 7-27-3
- Road: means a public highway, road, bridge, tunnel, or overpass to be used for the transportation of persons or goods including bicycle and pedestrian facilities. See West Virginia Code 7-27-3
- Road construction project: means and includes any road construction project included in a road construction project plan that is adopted by a county commission pursuant to this article and approved by the Commissioner of Highways as provided in this article. See West Virginia Code 7-27-3
- Road project: means any project to acquire, design, construct, expand, renovate, extend, enlarge, increase, equip, improve, maintain or operate a road in this state, including, but not limited to, providing bicycle and pedestrian facilities in conjunction with a road in this state, that is under the jurisdiction of the Division of Highways. See West Virginia Code 7-27-3
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) Each application submitted pursuant to this article shall include:
(1) A true copy of the county’s proposed road construction project plan, or proposed amendment to a project plan previously approved by the Commissioner of Highways, that is adopted, after the public hearing, by resolution of the county commission;
(2) A true copy of the resolution adopted by the county commission approving submission of the adopted road construction project plan, or the proposed amendment to a project plan previously approved by the Commissioner of Highways, to the Commissioner of Highways for approval;
(3) A true copy of the notice of public hearing or hearings on the county’s proposed road construction plan, or proposed amendment to a previously adopted project plan, and a true copy of the proposed plan, or the proposed amendment to an existing project plan that was the subject of the public hearing;
(4) An affidavit signed by the president of the county commission confirming publication of the notice of public hearing;
(5) A true copy of the transcript of the public hearing or hearings, or a true copy of the digital recording of the public hearing or hearings,
(6) True copies of any written comments received by the commission on the proposed road construction project plan, or the proposed amendment to an existing project plan;
(7) A statement generally describing each project included in the county’s road construction project plan, or the proposed amendment to an existing project plan, and identifying:
(A) Type of project, as a road project, bridge project, or both road and bridge project;
(B) Location of the project;
(C) Length of the project (in miles or feet);
(D) Scope of the work;
(E) Classification of the project as a preservation project, modernization project, or expansion project;
(F) Estimated cost of the project;
(G) Method of financing the project; and
(H) Timeline for completion of the project.
(8) A map of the county showing the geographic location of each road construction project included in the county’s road construction project plan;
(9) When the road construction project is located, in whole or in part, within the corporate limits of any municipality, a true copy of the resolution adopted by the governing body of the municipality consenting to the road construction project;
(10) Identification of any businesses or residents that the county commission anticipates will be displaced because of the road construction project;
(11) A good faith estimate of the annual net county transportation sales and use tax collections to be deposited in the county’s sub-account in the County Road Improvement Account created pursuant to section fourteen of this article that will be available to finance the project, in whole or in part; and
(12) Any additional information the Commissioner of Highways may reasonably require to analyze a proposed road construction project.