West Virginia Code § 31-15A-7

Current and prospective planning; roads and highways; report to
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Division of Highways.
(a) The council shall take into account the current and prospective infrastructure needs in
relation to plans of the Division of Highways for the development and building of new roads.
Upon completion of an environmental impact study, the commissioner of highways shall
provide the council with plans for any and all new roads. In a timely mannere, the council
shall advise the commissioner of the Division of Highways on the feasibility of the expansion
of new or existing water and sewer lines concomitant to the constructiorn of the new roads.
(b) The council has the authority to appoint local infrastructure pulanning teams. The local
infrastructure planning teams may consist of the following: A designee of the Division of
Highways from the region where the new road is being builtt; a designee of the Division of
Highways from the central state office; a designee from the Environmental Engineers
Division; a designee from the local developmental authority where the new road is being
built; a designee from the regional developmental authority in the area where the new road
is being built; a designee from the Public Service Commission; a designee from the Division
of Environmental Protection; a designee from sthe county commission where the new road is
being built who shall serve as chairperson of the planning team; a citizen of the county
where the new road is being built to be chosen by the county commission; and the elected
state delegates and senators from thge area where the new road is being built. In order to
avoid delay of any highway project, immediately upon appointment of a local infrastructure
planning team, the director of ethe Division of Highways shall submit to the council a time
frame within which the planning team must act and within which the planning team must
submit any plans, maps,L recommendations or reports developed pursuant to this subsection.
The local infrastructure planning team shall meet prior to the development and building of a
new road. Members of the local infrastructure planning team shall only receive payment for
actual expenses incurred. The local infrastructure planning team shall advise the
commissioner of the Division of Highways on the feasibility of an infrastructure plan. The
local infrastructure planning team shall meet to develop an infrastructure plan that includes
an assessment study of existing water and sewer lines and a feasibility study on future
development and laying of water and sewer lines. After these studies are completed, a
developmental map shall be drawn of the proposed road route with overlays of the proposed
water and sewer lines. These studies and the map shall be presented to the commissioner of
the Division of Highways and shall be used by the commissioner in the planning, developing
and building of the road.
(c) The water development authority shall establish a restricted account within the
infrastructure fund to be expended for the construction of water and sewage lines as may be
recommended by the council in accordance with this article and specifically, in accordance
with the plan developed under subsection (b) of this section. The reserve account shall be
known as the "infrastructure road improvement reserve account". The council and the
Division of Highways may enter into agreements to share the cost of financing projects
approved in accordance with this section from moneys available in the infrastructure road
reserve account and moneys available from the state road fund. Annually, the council may
direct the water development authority to transfer funds from the infrastructure fund in an
amount not to exceed $1 million to the restricted account: Provided, That at no time may the
balance of the restricted account exceed $1 million.
(d) For the purposes of this section the term "new" means a road right-of-way being built for
the first time. e
(e) After the construction of water and sewer lines adjacent to the new road, these new lines
shall be turned over to existing utilities by expansion of boundaries of public service districts
or shall be main extensions from the municipality. u

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