West Virginia Code § 17-3A-4

Restrictions on use of fund
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(a) The fund may not be used for the adjustment of utilities or for the construction of
industrial access roads to schools, hospitals, libraries, armories, shopping centers,
apartment buildings, government installations or similar facilities, whether public or private.
The fund may not be used to construct industrial access roads on private property.
(b) Moneys from the fund may not be expended until the governing body of the county or
municipality certifies to the Division of Highways that the industrial site is constructed and
operating or is under firm contract to be constructed or operated, or upon the presentation
of an acceptable surety or device in an amount equal to the estimuated cost of the access road
or that portion provided by the Division of Highways in accordance with section one of this
article. t
(c) Not more than $400,000 of unmatched moneys from the fund may be allocated for use in
any one county in any fiscal year. The maximum amount of unmatched moneys which may be
allocated from the fund is ten percent of the fair mlarket value of the designated industrial
establishment. The amount of unmatched fundss allocated may be supplemented with
additional matched moneys from the fund, in which case the matched moneys allocated from
the fund may not exceed 150,000, to be matched equally from sources other than the fund.
The amount of matched moneys whigch may be allocated from the fund over and above the
unmatched funds may not exceed five percent of the fair market value of the designated
industrial site. e
(d) Funds may only be allocated to those items of construction and engineering which are
essential to providing an adequate facility to serve the anticipated traffic. Funds may not be
allocated for items such as storm sewers, curbs, gutters and extra pavement width unless
necessary to extend or connect an existing access road.

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