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THIS AGREEMENT, made this 6th day of January, 1969, between the State Road Commission of West Virginia, hereinafter called Commission, and The United States of America, by the Secretary of Transportation, acting through the Federal Highway Administrator, hereinafter called Administrator.
WHEREAS, the Congress of the United States has declare that the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to the Federal-aid Interstate and Primary Systems should be controlled in order to protect the public investment in such public highways, and to promote safety, recreational value and preserve the natural beauty; and
WHEREAS, Section 131(d), Title 23, United States Code, authorizes the Secretary of Transportation to enter into an agreement with the several States to determine the size, spacing and lighting of signs, displays and devices within zoned and unzoned commercial and industrial areas, consistent with customary use in the several States; and
WHEREAS, Section 131(d) , Title 23, United States Code, further authorizes the Secretary to enter into an agreement relating to the definition of an unzoned commercial or industrial area with the several States; and
WHEREAS, Chapter 17, Articles 2A and 22, of the Official Code of West Virginia, 1931, as amended, authorizes the State Road Commissioner of West Virginia, to enter into an agreement with the Secretary of Transportation with respect to size, spacing and lighting, and a definition of an unzoned commercial or industrial area; and
WHEREAS, the Legislature of the State of West Virginia has found and declared that outdoor advertising is a legitimate commercial use of private property adjacent to roads and highway and that outdoor advertising is an integral part of the business and marketing function an d an established segment of the national economy which serves to promote and protect private investments in commerce and industry; and
WHEREAS, the Legislature of West Virginia has further declared that the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to Federal-aid Interstate and Primary highways should be regulated in order to protect the public investment, to promote the recreational value of public travel, to preserve the natural beauty and to promote the reasonable, orderly and effective display of such signs, displays and devices; and
WHEREAS, the Legislature further found and declared that fiscal actualities reflect that the people of the State of West Virginia would suffer economically if the State failed to participate in the allocation and apportionment of Federal- aid Highway Funds, more specifically, that a reduction as called for in Section 131(b), Title 23, United States Code, would necessitate increased local taxation to support and maintain the State Highway program and system; and
WHEREAS, the Commission and the Secretary of Commerce, acting through the Federal Highway Administrator, entered into an agreement dated the 19th day of June, 1961, relating to the erection, maintenance, and control of outdoor advertising signs, displays and devices in areas adjacent to the National System of Interstate and Defense Highways, in accordance with the provisions of Section 131, Title 23, United States Code, and the National Standards in effect as of June 30, 1965; and
WHEREAS, Section 131(j), Title 23, United States Code, provides that Commission shall be entitled to receive bonus payments as set forth in said agreement provided Commission maintains the control required under such agreement; and
WHEREAS, Commission desires to implement and carry out said agreement, in order to remain eligible to receive payment of the one-half of one per cent increase in the federal share payable on account of any project on the Interstate System within the State of West Virginia.
NOW, THEREFORE, in consideration of the covenants herein set out and the benefits resulting in full participation in the federal highway program by the people of West Virginia Commission and Administrator agree as follows:
The purposes of this agreement the following terms are herein defined:
This agreement shall apply to all those portions of the highways within the State Highway System designated and classified or redesignated and reclassified for federal-aid funding purposes as Federal-aid Interstate or Federal-aid Primary highways, which are located in zoned or unzoned commercial or industrial areas adjacent to and within 660 feet of the nearest edge of right of way of said highway.
The Commissioner hereby agrees that in all areas within the scope of this agreement, he shall control or cause to be controlled, the erection and maintenance of outdoor advertising signs erected subsequent to the effective date of this agreement, and visible as to informative content from the right of way of Federal- aid Interstate and Primary highways, other than those advertising the sale or lease of property on which they are located or signs, displays or devices advertising activities conducted upon the property on which they are located.
The following criteria shall apply to all signs erected subsequent to the date of this agreement within zoned or unzoned commercial or industrial areas within the State of West Virginia.
(1) The maximum area of any sign shall be 1200 square feet with a maximum height of 25 feet and a maximum length of 60 feet, inclusive of cutouts and extensions, excluding decorative bases, and structural supports.
(2) A sign may contain one or two advertisements per facing, not to exceed the maximum area.
(3) Back- to- back or V- type signs shall be permitted and shall be treated as one structure with an area of 1200 square feet permitted for each facing.
Signs may be illuminated, subject to the following restrictions:
In lieu of exercising control of size, spacing and lighting, of outdoor advertising signs in zoned commercial and industrial areas as set forth herein above, the Commissioner may certify to the Administrator that effective control has been established within such areas, including the regulation of size, spacing and lighting of outdoor advertising signs consistent with the purpose of the Highway Beautification Act of 1965, and with customary usage within the State of West Virginia.
The provisions of this agreement shall not be considered to abrogate the terms and provisions of that certain agreement bearing the date of the 19th day of June, 1961, made and entered into by and between the Secretary of Commerce of the United States and the State Road Commissioner of West Virginia, relating to the regulation of outdoor advertising adjacent to highways within the Interstate System and the terms and provisions of that said agreement are incorporated by reference into this agreement. In the event of a conflict between the provisions of this agreement and said agreement dated June 19,
1961, the agreement containing the more strict provisions shall prevail.
This agreement shall be subject to modification or amendment in accordance with Chapter 17, Article 22, Section 8, of the Official Code of West Virginia, 1931, as amended.
In the event the provisions of the Highway Beautification Act of 1965, are amended by subsequent action of Congress, or Chapter 17, Article 22, of the Official Code of West Virginia, 1931, as amended, is amended by subsequent action of the Legislature of West Virginia, the Administrator and the Commissioner reserve the right to renegotiate this agreement, and to modify it to conform with any such amendment of the Act or Chapter 17; Article 22, of the Official Code of West Virginia.
1931, as amended.
The provisions contained herein shall constitute the acceptable standards for effective control of outdoor advertising signs within the scope of this agreement.
In controlling outdoor advertising adjacent to the Federal-aid Interstate and Primary Highway Systems within the State pursuant to the Highway Beautification Act of 1965, and this agreement, the Commissioner shall not be required to remove or cause to be removed any sign advertising natural wonders or scenic or historical attractions until a reasonable length of time subsequent to the promulgation of National Standards for such signs pursuant to Section 13l(c), Title 23, United States Code.
This agreement shall become effective when executed on the behalf of the State of West Virginia and the United States of America.
IN WITNESS WHEREOF, the Commissioner and Administrator have executed this agreement as of the 6th day of January 1969.