Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 609 History

DOWNLOAD  wpd  |  Email


Senate Bill No. 609

(By Senators Unger, Minard, D. Facemire, Stollings, Klempa and Foster)

____________

[Introduced February 16, 2012; referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.]

____________

 

 

 

A BILL to amend and reenact §8-18-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-2A-8d, all relating to municipal corporations; roads and highways; establishing a complete streets policy; defining terms; authorizing municipal governing bodies to implement a complete streets policy; adding implementation of a complete streets policy to the duties of the West Virginia Commissioner of Highways; and requiring a review of policy by the commissioner and governing bodies of municipalities.

Be it enacted by the Legislature of West Virginia:

    That §8-18-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17-2A-8d, all to read as follows:

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND SEWERS;               SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT               OF DUTY TO PAY FOR SERVICE.

PART I. POWER AND AUTHORITY TO MAKE IMPROVEMENTS.

§8-18-1. Power and authority of municipalities relating to street, sidewalk, sewer and other permanent improvements.

    (a) Every municipality is hereby empowered and authorized, in addition to any other rights, power and authority conferred upon it, upon the terms, conditions and in the manner hereinafter set forth, to grade or regrade, pave or repave, surface or resurface, curb or recurb, streets (which term is used in this article to include avenues and roads), alleys, public ways or easements, or portions thereof, and to build or renew sidewalks, and to construct, provide or renew any of such improvements or other permanent public improvements in any streets, alleys, public ways or easements, or portions thereof, in such municipality, and, if deemed advisable, to construct storm and sanitary sewers, or all or a part of a storm or sanitary or combined storm and sanitary sewer system in any streets, alleys, public ways or easements, or sewer right-of-ways or easements, or portions thereof, independently or in conjunction with other of such improvements, and to assess the costs of any or all of such improvements on abutting property.

    (b) As used in this section:

    (1) “Complete streets policy” means considering the needs of drivers, public transportation vehicles and patrons, bicyclists and pedestrians of all ages and abilities in all planning, programming, design, construction, reconstruction, retrofit, operations and maintenance activities and making applicable adjustments to provide for those needs.

    (2) “Complete streets features” means components that ensure the safe usage of roads by all users and includes, but is not limited to, sidewalks, crosswalks, accessible curb ramps, curb extensions, raised medians, refuge islands, roundabouts or mini-circles, traffic signals and accessible pedestrian signals including audible and vibrotactile indications and pedestrian countdown signals, shared-use paths, bicycle lanes, paved shoulders, street trees, planting strips, signs, street furniture, bicycle parking facilities, public transportation stops and facilities, dedicated transit lanes and transit priority signalization.

    (c) The governing body of the municipality shall implement a complete streets policy through utilizing the complete street features appropriate to a given project. The governing body shall approach all transportation improvements as opportunities to improve safety, access and mobility for all travelers in West Virginia.

    (d) Within eighteen months of the effective date of this section, the governing body shall identify the internal policies, procedures, plans, design manuals and ordinances that could be used to facilitate the implementation of the complete streets policy, identify provisions in these documents that conflict with the complete streets policy and provide a schedule for updating such documents.

    (e) The complete streets policy applies to all cases defined in subsection (b) (1) of this section except, when the governing body determines in writing with appropriate documentation, that:

    (1) Use by nonmotorized users is prohibited by law; or

    (2) The cost would be excessively disproportionate to the need or probable future use over the long-term; or

    (3) There is an absence of current or future need; or

    (4) Preliminary engineering for a project has been completed prior to the effective date of this amendment; or

    (5) The work is maintenance activity designed to keep assets in serviceable condition.

CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

§17-2A-8d. Implementation of a complete streets policy.

    (a) As used in this section:

    (1) “Complete streets policy” means considering the needs of drivers, public transportation vehicles and patrons, bicyclists, and pedestrians of all ages and abilities in all planning, programming, design, construction, reconstruction, retrofit, operations and maintenance activities and making applicable adjustments to provide for those needs.

    (2) “Complete streets features” means components that ensure the safe usage of roads by all users and includes, but is not limited to, sidewalks, crosswalks, accessible curb ramps, curb extensions, raised medians, refuge islands, roundabouts or mini-circles, traffic signals and accessible pedestrian signals including audible and vibrotactile indications and pedestrian countdown signals, shared-use paths, bicycle lanes, paved shoulders, street trees, planting strips, signs, street furniture, bicycle parking facilities, public transportation stops and facilities, dedicated transit lanes and transit priority signalization.

    (b) When executing the duties and authority granted to him or her in section eight of this article, the West Virginia Commissioner of Highways shall implement a complete streets policy through utilizing the complete street features appropriate to a given project. The commissioner shall approach all transportation improvements as opportunities to improve safety, access and mobility for all travelers in West Virginia.

    (c) Within eighteen months of the effective date of this section, the commissioner shall identify the internal policies, procedures, plans, design manuals and ordinances that could be used to facilitate the implementation of the complete streets policy, identify provisions in these documents that conflict with the complete streets policy and provide a schedule for updating such documents.

    (d) The complete streets policy applies to all cases defined in subsection (a) (1) of this section except, when the commissioner determines in writing with appropriate documentation, that:

    (1) Use by nonmotorized users is prohibited by law; or

    (2) The cost would be excessively disproportionate to the need or probable future use over the long-term; or

    (3) There is an absence of current or future need; or

    (4) Preliminary engineering for a project has been completed prior to the effective date of this amendment; or

    (5) The work is maintenance activity designed to keep assets in serviceable condition.

 

    NOTE: The purpose of this bill is to implement a complete streets policy in order to improve the safety, accessibility and mobility of travel for all West Virginians.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


    §17-2A-8d is new; therefore, strike-throughs and underscoring have been omitted.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature *