Inclusion and exceptions

20 V.I.C. § 56 — under Road and Highway Construction Program.

20 V.I.C. § 56

(a) The Task Force shall approach every transportation improvement and project phase as an opportunity to create safer, more accessible streets for all users. These improvements and phases include planning, programming, design, right-of-way acquisition, subdivision and land development, new construction, construction engineering, reconstruction, operation, repair, capital improvements, re-channelization projects and major maintenance, routine maintenance and rehabilitation.

(b) Any exception to this policy, including for eligible private projects, must be submitted in writing and reviewed by the Task Force, with documentation of the reasons for the exception.

(c) The following exceptions may be considered for approval, when adequately documented if:(1) An accommodation is not necessary on corridors where specific user groups are legally prohibited;(2) Costs of accommodation are excessively disproportionate to the need or probable use, when factoring in both current economic conditions and economic benefits as well as initial capital outlay, but do not warrant an exception in areas that have historically not been maintained and as a result the one-time retrofit or rebuild is expensive;(3) A documented absence of current and future needs exists;(4) Transit accommodations are not required where there is no existing or planned transit service;(5) Routine maintenance, such as sweeping, mowing, and spot repair which does not change the roadway geometry or operations and as such, does not trigger this policy; or(6) A reasonable and equivalent project existing along the same corridor that is already programmed to provide facilities exempted from the specific project at hand.

(1) An accommodation is not necessary on corridors where specific user groups are legally prohibited;

(2) Costs of accommodation are excessively disproportionate to the need or probable use, when factoring in both current economic conditions and economic benefits as well as initial capital outlay, but do not warrant an exception in areas that have historically not been maintained and as a result the one-time retrofit or rebuild is expensive;

(3) A documented absence of current and future needs exists;

(4) Transit accommodations are not required where there is no existing or planned transit service;

(5) Routine maintenance, such as sweeping, mowing, and spot repair which does not change the roadway geometry or operations and as such, does not trigger this policy; or

(6) A reasonable and equivalent project existing along the same corridor that is already programmed to provide facilities exempted from the specific project at hand.

(d) Accountability measures tied to performance measures must be used when granting exemptions, and impacts are estimated as needed.