Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 010 - TRANSPORTATION BOARD › Chapter 013 - RULES AND REGULATIONS RELATIVE TO ADMINISTRATION OF NO. 63 OF PUBLIC ACTS OF 1973 - TOWN BRIDGES, ROAD MONEY › Section 14 010 013 - RULES AND REGULATIONS RELATIVE TO ADMINISTRATION OF NO. 63 OF PUBLIC ACTS OF 1973 - TOWN BRIDGES, ROAD MONEY

Current through June, 2024
Action 1
The Transportation Board adopts an amended rule called Rules
				for Distribution of Emergency Aid Funds, as follows:
II. Emergency Aid
n1 State share financed from Title 19, Section 17(e) funds.
				Right-of-way costs financed from town funds.
n2 State share financed from Title 19, Section 17(e) funds.
				Right-of-way costs financed from town funds.
n3 Cost of engineering financed from Title 19, Section 17(c)
				funds.
n4 State share financed from Title 19, Section 17(e)
				funds.
n5 State share financed from Title 19, Section 17(d)
				funds.
LOCAL AUTHORIZATIONS
Pursuant to 19 V.S.A., Section 1810, municipalities must obtain
				ratification of the local portion of theproject [the project] costs, as such
				portion is periodically assessed by the Agency, within 18 months of the
				approval of the project by the Board. In the event ratification is not obtained
				within 18 months, the State shall withdraw from the proposal. No subsequent
				application may be accepted by the Agency unless 18 months has passed since the
				earlier application was approved.
ASSESSMENT OF PROJECT COSTS
Subsequent to approval of a project by the Board, towns will be
				assessed periodically for the local share of the project costs, as the project
				continues through the planning and design stages. Failure of a town to pay the
				required assessment will result in the suspension of the project.
ENGINEERING COSTS FOR OFF-SYSTEM PROJECTS
Funds available under Title 19, Section (c) may be used by the
				Agency for financing the cost of engineering services supplied to town
				governments in connection with the planning and design of Federal Off-System
				Projects.
Action 3.
A rule entitled "Town Highway Annual Financial Report", adopted
				by the Highway Board on July 16, 1974, is amended as follows:
TOWN HIGHWAY FINANCIAL REPORT
1. The emergency aid is available only in the
			 event of natural disaster or unforeseeable major catastrophe.
2. The town shall also file an accounting of
			 its available unexpended State and local highway funds.
3. The application shall be submitted to the
			 District Highway Engineer, who shall investigate the damage resulting from the
			 emergency and file a report to include a description of such damage, estimated
			 cost to repair, status of existing Town Highway Funds, evaluation of the need,
			 a recommendation, and any other pertinent information.
4. The application and report shall be
			 forwarded to the Highway Board via the Chief Engineer and Commissioner of
			 Highways, who will add their recommendations.
5. The Highway Board shall, within funding
			 limitations and recommendations of the District Highway Engineer, Chief
			 Engineer and Commissioner of Highways, apportion funds to the town.
ELIGIBILITY
Funds made available from the Emergency Aid Fund are intended
				to assist towns faced with a financial emergency for the repair of Class 1, 2
				or 3 town highways damaged as the result of a disaster. A disaster is defined
				as a sudden, calamitous event bringing great damage, loss or
				destruction.
APPLICATION PROCEDURE
A town seeking such assistance must notify the District
				Transportation Administrator of its intention to file an application
				immediately after the disaster occurs to permit timely appraisal of the damage
				by the Administrator. Subsequent to this appraisal a formal application shall
				be submitted to the Transportation Board.
CONTENT OF APPLICATION
The application shall include the following information:
1) A statement of the reasons why the
			 disaster has created a financial emergency for the town.
2) A description of the damage with a listing
			 of the measures taken to prevent or reduce the damage.
3) An estimate of the cost of repair.
BOARD ACTION
The completed application shall be submitted to the District
				Transportation Administrator who shall append his comments and recommendations
				and forward the application to the Board via the Agency of Transportation. The
				application shall be reviewed by the Board which shall determine if the
				disaster has created a financial emergency for the town, if an award should be
				made and if so, the amount of the award.
In the event financial assistance is awarded, the Board may
				impose such conditions as it deems appropriate for the particular disaster
				involved, which conditions shall not constitute a precedent for future
				situations.
Action 2.
A rule entitled "Procedure for Administration of Federal Aid
				Funds on Town Highways" adopted by the Highway Board on July 16, 1974 is
				amended as follows:
1. A Class 1, 2 or
			 3 highway must be on the Federal Aid System to be eligible for expenditure of
			 Federal Aid funds except when Federal Aid funds become available for use on
			 non-Federal Aid System Highways.
2.
			 Contracts must be let for Federal Aid construction. Federal Aid funds are not
			 available for construction by town forces except under special circumstances as
			 approved by the Commissioner of Highways on an individual case basis.
CONSTRUCTION
Federal Aid funds will not be available for construction by
				town force account except under special circumstances when approved by the
				Secretary of Transportation. Unless otherwise ordered by the Agency and the
				Federal Highway Administration, projects shall be advertised for competitive
				bid. The Agency shall furnish plans and specificiations upon which the contract
				will be awarded by the town and the Agency.
3. Additions to and deletions from the
			 Federal Aid System require approval of the local town officials, the State
			 Highway Board, and the Federal Highway Administration.
4. Projects are selected on a basis of a
			 request by local officials thru the District Engineer, who recommends the
			 project, thru the Highway Planning Division, to the Highway Board. Initiation
			 of the project is accomplished with the execution of an engineering agreement
			 between the town and State Highway Department.
PROJECT REQUESTS
All requests for Federal Aid Projects shall be initiated by
				local elected officials who shall submit the request to the District
				Transportation Administrator, who shall transmit the request with
				recommendation to the Secretary of Transportation or his designee. Requests for
				projects on the Urban M System shall also be submitted to the Regional Planning
				Commission for recommendation which shall also be transmitted to the Secretary
				of Transportation.
Annually, on or before June 1, the Agency shall submit to the
				Board its recommendation for projects to be approved for the ensuing Fiscal
				Year. The projects shall be arranged by individual program which shall include
				a statement of Federal funds to be made available plus balances remaining from
				previous fiscal years, a listing of each project with the amount recommended
				for allocation.
5. Projects
			 are recommended for programming in the fiscal year in which federal and state
			 funds are available, with further consideration to the time schedule required
			 to advance the project to construction.
6. Right-of-way required for the project will
			 be purchased by the town in accordance with procedures established by State and
			 Federal right-of-way regulations and laws. The Right-of-Way Division of the
			 Highway Department will insure adherence, and will assist the towns with
			 personnel when required.
PROPERTY ACQUISITION
Right-of-way required for the project will be secured by the
				town in accordance with procedures established by State and Federal
				right-of-way regulations and laws. The Property Administration Section shall
				supervise property acquisition activities and assist the towns with personnel
				as required. Personnel may be employed by the town, subject to approval of the
				Property Administration Chief to assist in right-of-way acquisition.
7. Public hearings as required by
			 the Department of Highways Action Plan will be conducted by the Highway
			 Department's Planning Division. Hearings required for right-of-way are the
			 responsibility of the town officials.
PUBLIC HEARINGS
Public Hearings as required by the Agency of Transportation
				Plan shall be scheduled and conducted by local officials with the assistance of
				the Agency.
8. Right-of-way
			 and Maintenance Agreements will be executed between the town and the Highway
			 Board upon completion of the design plans prepared by the Department of
			 Highways.
AGREEMENTS WITH TOWN
Following approval of the programs by the Board, the Agency
				shall execute agreements with the towns for the execution of the project, such
				agreement to include provisions relative to engineering aspects, financing and
				right-of-way acquisition. Right-of-way and maintenance agreements will be
				executed between the Agency and the town upon completion of the design
				plans.
9. Advertising and
			 awarding of the contract will be accomplished by the Highway Board.
			 Construction supervision will be assigned to a Department of Highways Resident
			 Engineer by the Highway Department.
FINANCING
Towns participating in Federal Aid projects shall provide the
				required matching share of all project costs, as follows:
System
Federal Share
State Share
Local Share
Total
Urban
75%
15%
10%
100%
Primary n1
75%
25%
100%
Rural Secondary n2
75%
25%
100%
Off System n3
75%
25%
100%
Hazard Elimination n4
80%
20%
100%
Rail/Highway Crossings
90%
10%
100%
Bridge Replacement n5
80%
16%
4%
100%
1. The Report
			 will be filed on forms furnished by the Highway Board.
1) The report shall be prepared on forms
			 supplied by the Agency of Transportation and shall portray amounts budgeted for
			 town highways for the fiscal year and the actual expenditures for the same
			 fiscal year.
2. The form must be completed in
			 its entirety and filed with the Highway Board. A town is ineligible to receive
			 allocations for the ensuing year until this report is received by the
			 Board.
3. Town records supporting
			 this Report must be retained by the town for a period of 6 years and must be
			 available, upon request, for inspection by the Highway Board or its
			 representative.
4. Acceptance of
			 the Town Highway Annual Financial Report by the Highway Board does not, in any
			 way, act as verification of the contents thereof.
5. Town Highway funds will be maintained
			 separate from other town funds, unless the town has previously demonstrated to
			 the Highway Board that the accounting system in effect can adequately produce
			 the desired information.
6. Reports
			 of expenditures on town highways will be filed with the District Highway
			 Engineer for the purpose of (a) assisting towns in development of data required
			 for the annual expenditure report; (b) assembling data needed for the
			 production of the annual plan; and (c) evidencing that State funds were
			 expended only for the purpose for which they were apportioned as required by
			 the Statute.
Form HD 66, Report of Expenditure of Money on Highway Work is
				available for use by towns where accounting procedures are compatible with this
				form. In towns where HD 66 is not used, town officials with approval of a
				representative of the Highway Board, may elect alternate reporting
				procedures.
The report will be filed on at least a quarterly basis or at
				more frequent intervals as, in the judgment of town officials and the
				representative of the Board, will be consistent with the objectives of the
				expenditure report procedure.
2) The annual financial report shall be
			 submitted to the Agency of Transportation within 45 days of the close of the
			 town's fiscal year.
3) A town shall
			 not receive its next quarterly apportionment under Title 19, Section 17(f),
			 (g), and (h) until the annual financial report is received by the
			 Agency.