24VAC30-271-20. General provisions.
A. The use of economic development access funds shall be limited to:
1. Providing adequate access to economic development sites on which new or substantially expanding manufacturing, processing and, research and development facilities; distribution centers; regional service centers; corporate headquarters or other establishments that also meet basic employer criteria as determined by the Virginia Economic Development Partnership in consultation with the Virginia Department of Business Assistance; and
2. Improving existing roads that may not be adequate to serve the establishments as described in subdivision 1 of this subsection.
B. Economic development access funds shall not be used for the acquisition of rights of way or adjustment of utilities. These funds are to be used only for the actual construction and engineering of a road facility adequate to serve the traffic generated by the new or expanding eligible establishments.
C. Economic development access funds may not be used for the construction of access roads to schools, hospitals, libraries, airports, armories, speculative office buildings, shopping centers, apartment buildings, professional offices, residential developments, churches, hotels, motels, government installations, or similar facilities, whether public or private. (Access roads to licensed, public-use airports, while provided for in § 33.1-221 of the Code of Virginia, are funded and administered separately through 24VAC30-450, Airport Access Funding.)
D. No cost incurred prior to the board's approval of an allocation from the economic development access funds may be reimbursed by such funds. Economic development access funds shall be authorized only after certification that the economic development establishment as listed or meeting the criteria as described will be built under firm contract, or is already constructed, or upon presentation of acceptable surety in accordance with § 33.1-221 A of the Code of Virginia.
E. When an eligible establishment is not yet constructed or
under firm contract and a local governing body guarantees by bond or other
acceptable surety that such will occur, the maximum time limit for such bond
shall be five years, beginning on the date of the allocation of the economic
development access funds by the Commonwealth Transportation Board. At the end
of the five-year period, the amount of economic development access funds
expended on the project and not justified by eligible capital outlay of one or
more establishments acceptable to the board shall be reimbursed to the Virginia
Department of Transportation (VDOT) voluntarily by the locality or by
forfeiture of the surety. In the event that, after
the Department of Transportation
VDOT has been reimbursed, but still within 24 months immediately
following the end of the five-year period, the access funds expended come to be
justified by eligible capital outlay of one or more eligible establishments,
then the locality may request a refund of one-half of the sum reimbursed to the
Department of Transportation VDOT, which request may be granted if
funds are available, on a first-come, first-served basis in competition with
applications for access funds from other localities.
F. Economic development access funds shall not be used to
construct or improve roads on a privately owned
development site. Nor shall the construction of a new access road to serve
any economic development site on a parcel of land that abuts a road
constituting a part of the systems of state highways or the road system of the
locality in which it is located be eligible for economic development access
funds, unless the existing road is a limited access highway and no other access
exists. Further, where the existing road is part of the road system of the
locality in which it is located, or the secondary system of state highways,
economic development access funds may be used to upgrade the existing road only
to the extent required to meet the needs of traffic generated by the new or
expanding eligible establishment.
In the event an economic development site has access according to the foregoing provisions of this chapter, but it can be determined that such access is not adequate in that it does not provide for safe and efficient movement of the traffic generated by the eligible establishment on the site or that the site's traffic conflicts with the surrounding road network to the extent that it poses a safety hazard to the general public, consideration will be given to funding additional improvements. Such projects shall be evaluated on a case-by-case basis upon request, by resolution, from the local governing body. Localities are encouraged to establish planning policies that will discourage incompatible mixes such as industrial and residential traffic.
G. Not more than
$300,000 $500,000 of unmatched
economic development access funds may be allocated in any fiscal year for use
in any county, city or town that receives highway maintenance payments under §
33.1-41.1 of the Code of Virginia. A town whose streets are maintained under
either § 33.1-79 or § 33.1-82 of the Code of Virginia shall be considered as
part of the county in which it is located. The maximum eligibility of unmatched
funds shall be limited to 10% 20% of the capital outlay of the
designated eligible establishments. The unmatched eligibility may be
supplemented with additional economic development access funds, in which case
the supplemental access funds shall be not more than $150,000, to be matched
dollar-for-dollar from funds other than those administered by this the
board. The supplemental economic development access funds over and above the
unmatched eligibility shall be limited to 5.0% 20% of the capital
outlay of the designated eligible establishments as previously described. Such
supplemental funds shall be considered only if the total estimated cost of
eligible items for the economic development access improvement exceeds $300,000
If an eligible site is owned by a regional industrial facility authority, as defined in § 15.2-6400 of the Code of Virginia, funds may be allocated for construction of an access road project to that site without penalty to the jurisdiction in which the site is located. This provision may be applied to one regional project per fiscal year in any jurisdiction with the same funding limitations as prescribed for other individual projects.
H. Eligible items of construction and engineering shall be limited to those that are essential to providing an adequate facility to serve the anticipated traffic while meeting all appropriate Commonwealth Transportation Board and state policies and standards. However, additional pavement width or other features may be eligible where necessary to qualify the road facility in a city or town for maintenance payments under § 33.1-41.1 of the Code of Virginia.
I. It is the intent of the board that economic development access funds not be anticipated from year to year. Unused eligibility cannot be allowed to accumulate and be carried forward from one fiscal year to another.
J. The Commonwealth Transportation Board will consult and work
closely with the Virginia Economic Development Partnership (VEDP) and the
Department of Business Assistance (DBA) in determining the use of economic
development access funds and will rely on the recommendations of the VEDP and
the DBA in making decisions as to the allocation of these funds. In making its
this the board, the VEDP and DBA will take
into consideration the impact of the proposed facility on the employment and
tax base of both the area in which the facility is to be located and the
Commonwealth of Virginia.
K. Prior to the formal request for the use of economic
development access funds to provide access to new or expanding eligible
establishments, the location of the access road shall be submitted for approval
the Virginia Department of Transportation VDOT. The
Virginia Department of Transportation VDOT shall take into
consideration the cost of the facility as it relates to the location and as it
relates to the possibility of the future extension of the road to serve other
possible eligible establishments, as well as the future development of the area
L. Prior to
this the board's allocation of funds
for such construction or road improvements to an eligible economic development
establishment proposing to locate or expand in a county, city or town, the
governing body shall by resolution request the access funds and shall be responsible
for the preliminary negotiations with the eligible establishment and others who
may be interested. Engineers of the Virginia Department of
Transportation VDOT will be available for consultation with the
governing bodies and others, and may prepare surveys, plans, engineering
studies, and cost estimates.
M. The Commonwealth Transportation Commissioner is directed to
establish administrative procedures to assure adherence to and compliance
with the provisions of this chapter and legislative directives
adhered to and complied with.