Genesee County Road Commission Pedestrian and Multi-Use/Non-Motorized Path Facilities Policy
Multi-use/Non-motorized Facility Development
The Road Commission will continue to act as an Act 51 applicant for any public agency which seeks to apply for federal or state transportation funds for multi-use/non-motorized transportation facilities who would otherwise not be eligible to apply for such funds. The Road Commission will draft an agreement with the applying agency to determine the cost participation and the responsibilities of all parties.
If a road is proposed for resurfacing, rehabilitation or reconstruction and is on the county non-motorized plan, the Road Commission will inquire with the public agency associated with the project to determine if a multi-use/non-motorized facility is desired. If such a facility is desired, a determination will be made where the facility should be constructed relative to the roadway. The cost of building or adding this facility or the cost of matching available federal or state funds will be borne by other public agency. This cost shall include design, right of way cost, construction, construction engineering, inspection, signing and any fees associated with the development of this facility. The Road Commission will incorporate the design and construction of this facility within the road project.
Pedestrian Facility Development
If a road is proposed for resurfacing, rehabilitation or reconstruction, the Road Commission will inquire with the municipal agency where the road resides to determine if a pedestrian facility, such as sidewalk ramps, signing, crosswalks or pedestrian signals and actuation is desired. The cost of building or adding this facility or the cost of matching available federal or state funds will be borne by the municipal agency. This cost shall include design, right of way cost, construction, construction engineering, inspection and any fees associated with the development of this facility. The Road Commission will incorporate the design and construction of this facility within the road project. If a road project involves interfacing the roadway with a pedestrian facility, the Road Commission will pay for those costs or local match.
Multi-use/Non-motorized Facility Maintenance
If a multi-use/non-motorized facility is constructed which is not a part of the physical roadway or traveled way, the municipal or requesting agency will be totally responsible for and pay one hundred percent (100%) of the costs of all future maintenance such as snow removal, repairs, signing or any other costs whatsoever relating to the facility. Should future road improvements require removal and relocation of the multi-use/non-motorized facility, the municipal or requesting agency shall pay all costs associated with such removal and relocation. The municipal or requesting agency shall agree to hold harmless and indemnify the Road Commission, its officers, agents and employees against all claims for damages to public property and for injuries to persons arising out of the use of said facility.
If a multi-use/non-motorized facility is constructed as part of a roadway project, being part of the physical roadway or traveled way, defined as being between the outside edge of shoulder to outside edge of shoulder, the Road Commission will be responsible for all the future maintenance of that facility.
Pedestrian Facility Maintenance
If a pedestrian facility is provided or pedestrian interfaces are provided as part of a roadway project, the other municipal or requesting agency will be totally responsible for all future maintenance of the total pedestrian facility during the life of the facility according to state law.
THIS POLICY IS NOT INTENDED TO CREATE A RIGHT OR CAUSE OF ACTION FOR ANY MUNICIPAL OR PUBLIC AGENCY SHOULD THE GENESEE COUNTY ROAD COMMISSION NOT INQUIRE REGARDING THE DESIRE OF THE MUNICIPAL OR PUBLIC AGENCY OR IF THE GENESEE COUNTY ROAD COMMISSION SHOULD DECIDE NOT TO PARTICIPATE IN ANY SPECIFIC PROJECT.
