Agenda - 10-06-2011 - 2 - Laserfiche WebLink

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19A NCAC 02D .0404 MAINTENANCE WiTH1N MUNICIPALTTIES (a) Definitions and Abbreviations. The following is a listing of definitions to provide greater understanding of this Rule: (1) Municipality means an incorporated city or town within the State of North Carolina. (2) The State Highway System includes those streets and highways as described in G.S. 136-44.1. (3) State Municipal System street or Highway is any street or highway on the state highway system within a municipality. Note: See G.S. 136-66.I(l) {4) Nan-State System Municipa} Street or Highway {Municipal System) is any street or highway accepted by the municipality which is not a part of the state highway system. [Note: See G.S. 136-66.1(2)] (5) A Rural Highway or Street is highway or street on the state highway system outside the limits of a municipality. (6) Board means the Board of Transportation. (7) Maintenance means routine care or upkeep to keep roads, streets or highways in the -existing condition and with the existing traffic carrying capacity. (8) Pavements are the paved-portion of streets including pavea shoulders and on street parking areas but does not include sidewalks and driveways. {9) Storm Drainage or Storm Sewers means a system of underground pipes, culverts, conduits-or tunnels including drop inlets and catch basins, designed to convey water from surface areas to-eventual_disposal-into outfall streams. (IO) Open Drainage means drainage systems utilizing open side ditches, tail, lateral and outfall ditches to convey surface water to outfall streams. (11) -Cross Pipe Lines are pipe lines under the roadway surface, designed to convey water from one side of a street or highway to the other. (12) Shoulder, is earthen,-soil, clay, gravel or turf section of pavement support extending from outer pavement edge to the bottom of side ditch, including shoulder sections which are paved: (l3) Sidewalk means walkway, paved-or unpaved, parallel to streets or highways. (b) Maintenance Responsibility. { 1 } The streets and highways comprising a part of the state highway system, at all times, are the responsibility of the department of Transportation and this overall responsibility- is not shifted to the municipality by reason of their assumption, under reimbursable contract, -of maintenance, construction, or improvement on behalf of the Department of Transportafion as outlined in G.S. 136- 66.1. ' (2) The cost of municipal maintenance is paid for out of funds allocated by the Board for this purpose. (3) The Department of Transportation within its discretion may enter into contracts with municipalities for the purpose of .maintenance, repair, construction, reconstructing, widening or improving state system steeets within municipalities. (4) The maintenance of state system streets may be performed by the municipality by a continuing agreement with the Deparment of Transportation on a reimbursement basis. Such an agreement may be executed covering all or part of maintenance operations on all or a part of the state system streets within the limits of the municipality involved. (c) Policies and responsibilities. { l) Patching and resurfacing of pavements is the responsibility of the Department of Transportation. (Z) Repairs for pavement cuts for utility repair and other purposes by or under the wntrol of the municipality shall be- the responsibility of the municipality. The Division of Highways district engineer, or his designated representative, shall be notified in writing 48 hours in advance of any pavement cut and approval must be obtained prior to making the cut. Pavement cuts due to emergencies shall proceed as necessary with the Division of Highways district engineer being notified as soon as possible after the emergency is discovered and the pavement cut is made or anticipated. Note: See G.S. I36-93. {3} If the maintenance ~of any state system street is perforrned by- the municipality, then it shall be the responsibility of the municipality, subject to the approval and direction of the Department of Transportation, to install and maintain proper signs, barricades and other safety devices of like nature and to furnish flagmen when necessary; all in accordance with the Manual for Uniform Traffic Control Devices (MUTCD). (4) An encroachment agreement is required for the initial installation of any utility on the state highway system right of way by the municipality as well as by utility companies and individuals. (5) Drainage: (A) The maintenance of roadway ditches including median drainage, where applicable, and cross drainage pipes, outfails and structures is the responsibility of Department of Transportation within the highway right of way or within a drainage easement area. (B) The maintenance of storm drainage and storm sewer systems draining state system streets is the responsibility of the Department of Transportation, within the highway right of way or within a drainage easement area. Where systems draining state system streets are enlarged and expanded to accommodate drainage from municipal streets, the initial cost and the maintenance cost shall be home jointly by agreement. (C) Attachments to drainage structures -- Written approval of the Department of Transportation is required prior to any utility or other attachment being made to any bridge or structure on the state highway system. Approval is also necessary before turning any utility under or through a bridge ar drainage structure on the State Highway System. '`~ (6) Sidewalks. T'he maintenance of sidewalks is a municipal responsibility.