2005 Arizona Revised Statutes - Revised Statutes §28-7742  Roadway authority; application

A. A person shall not construct, operate or enlarge a roadway in this state without written authority granted by the board pursuant to this article or except as otherwise authorized by this title.

B. An application for the authority to construct, operate or enlarge a roadway project shall contain the following material and information:

1. The geographic area to be served by the roadway and a survey indicating the approximate route of the roadway.

2. A list of the property owners through whose property the roadway may pass or whose property may abut the roadway.

3. The methods by which the operator or the department may secure all rights-of-way required for the roadway, including a description of the nature of the interest in the lands to be acquired and a provision for at a minimum permanent dedication as long as the lands are used for transportation purposes.

4. The comprehensive plan or plans for all counties, cities and towns through which the roadway will pass and an analysis showing that the roadway does not impede the comprehensive plan or plans.

5. The operator's plan for financing the proposed construction, enlargement or operation of the roadway, including proposed tolls to be charged for use of the roadway, projected amounts to be collected from the tolls, anticipated traffic volume, detailed plans for the distribution of monies and the priority in which necessary expenditures will be made.

6. The operator's plan for operation of the proposed roadway.

7. A list of all permits and approvals anticipated for construction of the roadway from local, state or federal agencies, including identification of environmental impact issues and a schedule for securing the approvals.

8. An overall description of the project, the project design and all proposed interconnections with the state highway system, including any interstate highway, any secondary system of highways or the streets of any local jurisdiction that are not within the state highway system, accompanied by a copy of the conditional approval of the project from the local jurisdiction subject to compliance with section 28-7746.

9. A description of public utility facilities anticipated to be crossed and plans for crossings or relocations of these facilities.

10. A certificate of the operator providing that:

(a) The roadway will be designed and constructed to meet department standards.

(b) The roadway will be designed and constructed substantially in accordance with a proposed timetable that is agreeable to the department.

(c) The operator will execute a design, review and inspection agreement with the department providing that the department shall both:

(i) Authorize construction on review and approval of the plans and specifications for the roadway and its interconnection with other streets or highways.

(ii) Inspect periodically the progress of the construction work to ensure its compliance with department standards.

11. A description of completion and performance bonds proposed to be furnished to the department.

C. The board shall determine the amount of the completion and performance bond for each operation required by subsection B after consultation with the department.

D. To the extent the roadway does not impede the comprehensive plan or plans required in subsection B, the fact that the operator is a corporation, as opposed to this state, does not affect the construction and operation of the roadway.

E. On receipt of an unsolicited application for authority to construct, operate or enlarge a roadway in this state, the department shall call for competing applications by advertising in a newspaper of general circulation published in this state for two consecutive insertions if it is a weekly newspaper or for two insertions that are at least six but not more than ten days apart if it is a daily newspaper. The advertisement shall:

1. Identify the operator submitting the unsolicited application.

2. Identify the roadway and mileage contained in the application.

3. State that the department is accepting competing applications for a period of sixty days.

4. State where a person may submit a competing application.

F. On receipt of competing applications, the department shall evaluate them and may recommend a prospective operator to the board for conditional approval.