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

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29 (7) Roadside Maintenance:- (zA) Freeways, interstate and other contrdled access highways. A11 planting, plant maintenance, mowing, erosion control, and litter pickup are the responsibility of the Department of Transportation, except as otherwise provided herein. (B) Non-controlled Access Surface Streets (i) Without sidewalk or pedestrian space (paved or unpaved). Erosion control, machine mowing, litter pickup and the maintenance of trees over the entire width of right of way are the responsibility of the Department of Transportation. Maintenance of shrubs or other planting is also the responsibility of the Department of Transportation subject to theprovision providing for specific planting projects as outlined in Part{7}(C)ofthis Paragraph. (ii) With-sidewalk or pedestrian space {paved or unpaved). Since the area outside of the curbs or within and beyond the sidewalk or pedestrian space is used almost exclusively for pedestrians, the maintenance of such areas is the responsibility of the municipality. (C) Specific planting projects on state highway system right of ~vay. Should the municipality desire more extensive planting than is provided-by the Department of Transportation, a plan for such-proposed planting shall be submitted to the Department of Transportation and shah be considered a construction or improver-sent item. An individual permit and- agreement on Department of Transportation and municipal responsibilities for planting andplant maintenance will be required in each instance, covering not only financial responsibility but also the furnishing of personnel, equipment and materials for performing plant maintenance and associated hand mowing operations. (D) Proposed planting by civic organizations_ Civic organizations desiring to provide-more extensive planting of trees and shrubs in the municipality on Department of Transportation right of way than is provided by the Department of Transportation shall handle negotiations through the municipality as outlined in Part (7)(C} of this Paragraph. {S) Snow and Ice Control: (A) The responsibility for clearing state system streets is the responsibility of the Department of'lYansportation; however, muniClpalities may, with the concurrence of the division engineer, execute an agreement with the Department of Transportation providing for reimbursement by the Department of Transportation to-the municipality for the assumption of this_responsibility. (B) Tfie removal of snow from sidewalk areas is not the responsibility of the Department of Transportation. {9) Guard Rai[. The maintenance, repair and replacement of guard rail on Highway System streets and-highways is the responsibility of the Department of Transportation. (1Q} Street Lighting: (A) Freeways -- Inteestate System and Other Controlled Access Highways. Where in the judgment of the Department of Transportation street lighting is necessary, the maintenance and the electric current necessary for the operation of the lighting system shall be the responsibility of the Department of Transportation. (B) CFther System Streets. The maintenance and the electric current for lighting systems on other than as refereed to in Part (1 OxA) of this Paragraph is the responsibility of the municipality, unless otherwise provided for by specific agreement. (C) The installation of street lighting systems by the municipality on state system streets within the right of way may be allowed by the Department of Transportation by encroachment agreement only. (il) Blocking of Traffic Lanes. In-order to provide for the safe movement of traffic, it is a joint responsibility between the Department of Transportation and the municipality to insure that traffic lanes be kept open and if blocked at any time for any reason that such blockage is properly signed or flagged. History Note: Authority G.S 136-66.1; 136-93; 143E-346,• 143B-3500; 143B-3S0(~; Eff. July 1, 1978; Amended E,}J`.' 1Yovember 1, 1993.