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§ 136-44.8. Submission of secondary roads construction <br /> programs to the Boards of County Commis- <br /> sinners.. <br /> <br /> (a) The Department of Transportation shall post in the county courthouse a <br />county map showing tentative secondary road paving projects rated according <br />to the priority of each project in accordance with the criteria and standards <br />adopted by the Board of Transportation. The map shall be posted at least two <br />weeks prior to the public meeting of the county commissioners at which the <br />Department of Transportation representatives are to meet and discuss the <br />proposed secondary road construction program for the county as provided in <br />subsection (cl. <br /> (b) The Department of Transportation shall provide a notice ~o the public of <br />the public meeting of the board of county commissioners st which the annual <br />secondary road construction program for the county proposed by the Depart- <br />ment is to be presented to the board and other citizens of the county as <br />provided in subsection (c). The notice shall be published in n newspaper <br />published in the county or having a general circulation in the county once a <br />week for two succeeding weeks prior to the meeting. The notice shall also <br />advise that a county map is posted in the courthouse showing tentative <br />secondary road paving projects rated according to the priority of each project. <br /> (c) Representatives ofthe Department of Transportation shall meet with the <br />board of county commissioners at a re.dar or special public meeting of the <br />board of county commissioners for each county and present to and discuss with <br />the board of county commissioners and other citisens present, tl~e proposed <br />secondary road construction program for the county. The presentation and <br />discussion shall specifically include the priority rating-of each tentative <br />secondary road paving project included in the proposed construction program, <br />according to the criteria and standards adopted by the Board of Transporta- <br />lion. <br /> At the same meeting after the presentation and discussion of the annual <br />secondary road construction progTam for the county or at a later meeting, the <br />board of coanty commissioners may (i) concur in the construction program as <br />proposed, or (ii) take no action, or ~iii~ make recommendations for deviations in <br />the proposed construction program, except .~s to paving projects and the <br />priority of paving projects ~or wbich the board in order to make recommenda- <br />tions [br deviations, must vote to consider the matter at a later public meeting <br />as provided in subsection td~. <br /> Id~ The board of county commissioners may recommend deviations in the <br />paving projects and the priority of paving projects included in the proposed <br />secondary road construction program only at a public meeting after notice to <br />the public that the board will consider making recommendations for deviations <br />in paving projects and the pr(ority of paving projects included in the proposed <br />annual secondary road construction program. Notice of the public meeting <br />shall be published by the board of county commissioners in a newspaper <br />published in the county or having a general circulation in the county. After <br />discussion by the members of the board of county commissioners and com- <br />meats and inform~tion presented by other citisens of the county, the board of <br />cm~nty commissioners may recommend deviations in the paving projects and <br />in the paving priority o~'secondary road projects included in the proposed <br />secondary road construction program. Any recommendation made by the board <br />of ecu nty commissioners for a deviation i~ the paving projects or in the p.riority <br />for paving projects in the proposed secondary road construction program shall <br />state the specific reason for each such deviation recommended. <br /> (e) The Board o£Transportation shall adopt the annual secondary construc- <br />tion program for each county after having g~ven the board of county commis- <br />sinners of each county an opportunity to review the proposed construction <br />program and to make recommendations as provided in this sectiou. The Board <br />of Transportation shal}, consider such recommendatious insofar as they are <br />compatible with its general plans, standards, criteria and available funds, but <br />having due regard to development plans of the county and to the maintenance <br />and improvement needs of all existing roads in the county. However, no <br />consideration shall be given to any recommendation by the board of county <br />commissioners for a deviation in the paving projects or ~n the p~fiority for <br />paving secondary road projects in the proposed construction program that is <br />not made in accordance with subsection (d). <br /> (f) The secondary road construction program adopted by the Board of <br />Transportation shall be followed by the Department of Transportation unless <br />changes are approved by the Board of Transportation and notice of any <br />changes is given the board of county commissioners. The Department of <br />Transportation shall post a copy of the adopted program, includiug a map <br />showing the secondary road paving projects rated according to the approved <br />priority of each project, at the courthouse, within 10 days of its adoption by the <br />Board of Transportation, The board of county commissioners maj' petition the <br />Board of Transportation for review of any changes to which it does not consent <br />and the determination of the Board of Transportation shall be final. Upon <br />request, the most recent secondary road construction programs adopted shall <br />be submitted to any member of the General Assembly. The Department of <br />Transportation shall make the annual construction program for each county <br />available to the newspapers having a general circulation in the county, t197~, <br />c. 507, s. 3; 1975, c. 716, s. 7; 1977, c, 464, s. 9; 1981, c, 536.) <br /> <br /> <br />