Current through September 17, 2024
003.01 DIAGNOSTIC TEAM REVIEW
After completing the process of identifying priority corridors, the
Department shall annually select one or more of the priority corridors for a
Diagnostic Team Review. A previously completed Diagnostic Field Inspection
report may be used or updated by the Department.
003.02 CORRIDOR IMPROVEMENT PROPOSAL
Upon completing or updating a Diagnostic Team Review on a selected
corridor, the Department may prepare and submit a specific corridor improvement
proposal to the railroad company and the county or municipality in which the
corridor is located and to any property owners who have the right to use a
private crossing in the corridor. The proposal may include a timetable for
completion of the improvements and funding options and obligations of the
various entities. The following is a non-exclusive list of the crossing
improvements that may be included in the specific corridor improvement proposal
by the Department.
003.02A
Construction of grade separation structure(s) for vehicles and/or
pedestrians.
003.02B Closure of
public or private grade crossings.
003.02C Installation or upgrade of passive or
active warning devices.
003.02D
Construction of crossings at new locations, or maintenance or reconstruction of
crossings or the approach to crossings.
003.02E Improvement of sight distance at
crossings.
003.02F Construction or
modification of access roads.
003.02G Other improvements may include
upgrading existing signal controllers, traffic light preemptive systems, active
advance warning systems, special signing, public education, focused enforcement
efforts, use of LED systems, converting the crossing from private to public,
making crossing surface improvements or railroad operational changes.
003.03 Review of a corridor
improvement proposal shall proceed as follows:
003.03A The municipality or county and the
railroad owner or operator shall have 60 days to review the Department's
specific corridor improvement proposal and to suggest revisions, additions or
deletions. When requested, the Department will attend any public meetings to
explain the specific corridor improvement proposal. If the Department and the
municipality or county and/or the railroad owner or operator fail to agree to
the specific corridor improvement proposal, including revisions, additions or
deletions agreed to by the Department, then Sections 003.04 and 003.05 of this
chapter shall apply.
003.03B The
party or parties served by a private crossing(s) shall have 60 days to review
the Department's specific corridor improvement proposal and suggest revisions,
additions or deletions. When requested, the Department will meet with affected
parties to explain the corridor improvement proposal. If the Department and the
party or parties served by the private crossing(s) fail to agree to the
specific corridor improvement proposal, including revisions, additions or
deletions agreed to by the Department, then Section 003.06 of this chapter
shall apply.
003.04
After the sixty day period set out in Section 003.03 has elapsed, without
agreement, the municipality or county shall have 90 additional days to complete
the following:
003.04A Hold additional public
meeting(s) if deemed necessary by the municipality or county including, if
requested by the municipality or county, a presentation of the specific
corridor improvement proposal by the Department.
003.04B Present the specific corridor
improvement proposal to the municipality's or county's governing body for
formal approval or disapproval.
003.04C Upon approval or disapproval, mail to
the Department, by certified mail, a written approval or disapproval by the
governing body of the municipality or county.
003.04D In the event that the municipality or
county formally disapproves the Department's proposal, the municipality or
county shall submit to the Department each reason why the Department's proposal
was not approved and a counterproposal, signed by the chief executive of the
municipality or county, detailing a crossing improvement counterproposal for
crossings in the corridor to which the municipality or county has formally
bound itself to accept in lieu of the Department's proposal.
003.05 After the 60-day period set
out in Section 003.03 of this chapter has elapsed, without agreement, the
railroad and the railroad track owner or operator shall have 90 additional days
to complete the following:
003.05A Attend
public meetings, if requested by the municipality, county or
Department.
003.05B Mail to the
Department, by certified mail, a written approval or disapproval of the
proposal.
003.05C In the event that
the railroad and/or the railroad track owner disapproves of the Department's
proposal, the railroad owner and/or operator shall submit to the Department in
writing each reason why the Department's proposal was not approved and a
written counterproposal, signed by a person authorized to bind the railroad
and/or railroad track owner, detailing a crossing improvement counterproposal
to which the railroad and/or railroad track owner has formally bound itself to
accept in lieu of the Department's proposal.
003.06 After the 60-day period set out in
Section 003.03 of this chapter has elapsed, without agreement, the party or
parties served by a private crossing(s) in the corridor shall have 90
additional days to mail to the Department by certified mail, a written approval
or disapproval.
003.07 The
Department shall review all information received from the municipality, county,
or the party or parties served by a private crossing(s) and the railroad and/or
railroad track owner and shall issue, by certified mail, an Order for Corridor
Improvements detailing the improvements that it determines should be made to
the crossings within the corridor, the timetable for completion of the
improvements and funding options and obligations of the various
entities.
003.08 The municipality,
the county, the railroad and/or the railroad track owner or the party or
parties who have a legal right to use the affected private crossing(s) may
appeal the Order for Corridor Improvements by filing a Petition and request for
hearing with the Department within 60 days after the date of the order issued
by the Department. All aspects of the appeal shall be governed by the rules of
procedure set out in Title 407.
