002.01 If the Department and the political
subdivision with jurisdiction over the crossing, agree that a grade crossing
should be eliminated by closing the street, road, or highway, the political
subdivision making such closing, after entering into an agreement with the
Department and the railroad involved, shall receive five thousand dollars from
the State Grade Crossing Protection Fund, five thousand dollars from the
railroad involved, and the actual cost of closure, not to exceed twelve
thousand dollars, from the State Grade Crossing Protection Fund.
002.01A The costs of closure that are
eligible through agreement with the Department may include, but are not limited
to:
002.01A1 The cost to remove the roadway
approaches to the crossing.
002.01A2 The cost to reconstruct the roadway
at the closed crossing such as placement of barricades or construction of a
cul-de-sac.
002.01A3 The reasonable
cost to improve the crossing or crossing(s) to which traffic will be diverted
because of the closure.
002.01A4
The cost to construct a new roadway to provide access to an adjacent crossing
or roadway.
002.01A5 The cost to
remove active warning devices and the part of the crossing contained within the
area from end of tie to end of tie.
002.01B On non-Federal (i.e. State funded)
projects the cost to remove active warning devices and the part of the crossing
contained within the area from end of tie to end of tie shall be the
responsibility of the railroad.
002.01C The political subdivision may use the
$5,000 received from the Department and the $5,000 received from the Railroad
under 002.01 for any lawful purpose. The political subdivision may offer to
pledge to the Department any or all of the $10,000 received to assist in
funding improvements at other crossings within the corporate boundaries of the
political subdivision. When funds are available, and at the sole discretion of
the Department, the Department may assist in the funding of improvements at
other crossings through negotiations and execution of agreements between the
Department and the political subdivision.
002.01D A request for a crossing closure may
be initiated by the Department, the railroad or by the political subdivision
with jurisdiction over the road leading to the crossing. The Department must
receive a resolution from the political subdivision with jurisdiction over the
road leading to the crossing before the Department will begin the process of
drafting agreements to close the crossing.
002.01E No payment by the Department to the
political subdivision will be made before an agreement between the Department
and the political subdivision has been fully executed, the roadway is actually
closed by the political subdivision or the railroad, and the Department is
notified of the completion of the closure. No payment shall be made for any
work performed or for costs incurred by the political subdivision prior to
execution of the agreement and notice to proceed by the Department.
002.02 If a public railroad
crossing is eliminated by the removal of a rail line by agreement of the
Department, the railroad company and/or the railroad track owner and the RTSD
which has jurisdiction over the crossing, the RTSD paying for the removal shall
receive two thousand dollars or the actual costs of the removal, not to exceed
twelve thousand dollars, from the State Grade Crossing Protection Fund.
002.02A The costs of removal that are
eligible for reimbursement include the costs to remove the crossing, the costs
to reconstruct the roadway through the crossing as well as other related costs
deemed appropriate by the Department.
002.02B The same request and payment
procedures will be followed as used for roadway closure.
002.03 The political subdivision will not
receive crossing closure payments for crossings eliminated or to be eliminated
pursuant to an announced plan for the removal or abandonment of a rail
line.
