2002-01-28 Regular Meeting - Laserfiche WebLink

Browse Search

• [(0 Fef €aeilities with fall eentiel o€aseess; sueh as inter- state highways of freeways developed by eemnrissien designatien pur- suant to Ranspertatien Eede; Chapter 203; aeeess to the main travel lanes is €ally eenfrelled through desigraien, purehase e€assess rigkts; er provision of frontage reads:} M The depamnentwillinelude€mntagefeeds inthe plan- ning stage e€highways with lull assess Central when4i {(A) it is nesessary to unlandleGk the remainder of a parcel e€ land whieh has a value equal to er nearly equal to the east of the frontage read;} {(B) the appraised damages; resulting €ram the absenee of frontage reads at the time of planning; would eEseed the east of the ffentage feeds; ef} JR it is neoessary to restere sireulatien of leeal tmffto due to heal reads or streets being severed er seriously impaired by the construction o€the eentfelled assess high%W, and an eeenemie analy- sis shows the benefits derived mere than offset the eests e€eenstraeting and maintaining the €Tentage reads:) M In these i4danees where requests for additional frontage reads arc received during er subsequent to the planning stage of OW the freeway has been senstmeted; they may be eensidered and placed in order of the priority of highway needs.] JW A% right of way and utility adjustment casts are shared with a leeal gevemment on a standard peftieipetien basis appli- eable to the highway designation; the department may assume 1000% respensibility few additional €tentage teed eenstruetien as €ellows� IN en 'elatively shell sestiens of €Tentage reads where through lane traffra is experiencing high aseident fates due to heal access and where sush eenstmetien son be expected to substantially improve safety; er] {tie} in heavily traveled urban een<idets where gaps ecsur in the existing frontage Lead systems; and elesing these frontage read gaps will testere system eentinuity and provide a oust-efleeti•:e method of enhaneing trade eperatiens in the sen=iden) [(l3-} The depattrnent may assist a requesting leeal gev- emment in the eenstruetien of additional frontage roads as fellows-] {fed where a usable section o€€matage Lead that will be e€ benefit to the traveling publie is to be developed (usable seetien being defined as an addition er extension €ram a swas feed seperatien to eeess read separation or eenneeting to a publie readway of mejer trefe generator);} {f o where suehftentsgeteadeenstruetienisjudged to not adversely impaet existing huffie eperations er safety;] {f 0 where the depaFtment is responsible fff design and senstruetien of the added ffrentage reads; and] f0y) exeept as provided in subpena"h (E) of this paragraph and as adjusted under §1333 of this title (relating to Cen- stfustien Cast when the requesting Weal geverrunent €HThshes 100%e€ needed fight efwayandutility adjustmentBestsmid -50% e€ the east of eenstfuetien; ineluding pfelirainmy and eenstme- tien engineering:} [R The department may appreve additional entsge read .eenstruetien; whieh is 100% funded by the requesting leeal gev- ermnert as fellows:] {fed if the frontage read sexstfuetien primarily pre- vides new er inVreved neeess to abutting prepetcy and deer net neees- sarily provide a usable sestien as defined in subpara" (B)(i) of this paragraph (a type of addition that would provide limited benefits to the geneFa uwmling ); and] {feel exeept as pfevided in subparagraph (E) of this pamgmph; where the deperttnent is responsible &f designing and een- strueting the tentage read and the requesting toed govetnrnent is fe- spensible for 100% e€the eensttuetien,, tight of way; and utilityadjust- ment eests including prelirainary and construction engineering.4 {(D3) k4here right of way casts are 100% the respensi- bility e€the requesting leeal gevemment; releeatien assistanee benefits will also be 100"k the respensibility of the leeal government and must be aesemplished in eempliance with depatartent policies and preee- duras.] f(E) The depeIrnent may waive any one of mere of the lest eenditiens stated in subpanqMhs (B)(iY) and (6)(ii) of this para- graph,- provided that the waiver is first approved by writtet; order of the eemmissien. In appreving a waiver; the commission will base its deei- sien en eensidefstien e€the pepulatien level; banded indebtedness; tax base; and tax rate of the leeal gwm urnent involved; er ether eenditions the een nissien deems peftinent.1 M For additional frontage reads requested subsequent to the planning stage or after, the fieeway has been eenstfaeted; eet&el of access as originally eeneeived far the facility may be medified to allow eeeess to the proposed €tentage read enly to the extent as may be permitted by safety eensideratiens and in keeping with departnent pelieies and pfeeedures. The sale of dispesel of aeeess fights shall be aeeemplishedinaseerdancewith§§".101 2-104o€thistitle(relating to Dispesal of heal Estate Interests)} M Aeoess driveway €aoilities "be faf securing assess to abutting prapefty: Casts and provisien theme shall be in asoerdanee with the eriteria and responsibilities established in e c 11gin of this title (relating to Aeeess Driveways to State Highways).] (e) Drainage Construction Costs. (1) In general, it shall be the duty and responsibility of the department to construct, at its expense, a drainage system within state highway right of way, including outfalls, to accommodate the storm water which originates within and reaches state highway right of way from naturally contributing drainage areas. (2) Where a drainage channel, man-made, natural, or a combination of both, is in existence prior to the acquisition of highway right of way, including right of way for widening the highway, it shall be the duty and responsibility of the state to provide for the construc- tion of the necessary structures and/or channels to adjust or relocate the existing drainage channel in such a manner that the operation of the drainage channel will not be injured. The construction expense required shall be considered a construction item. The acquisition of any land required to accomplish this work shall be considered a right of way item, with cost participation to be in accordance with § 15.55 of this title (relating to Construction Cost Participation). (3) Where an existing highway crosses an existing drainage channel, and a political unit or subdivision with statutory responsibil- ity for drainage develops a drainage channel to improve its operation, both upstream and downstream from the highway, and after the state establishes that the drainage plan is logical and beneficial to the state highway system, and there is no storm water being diverted to the high- way location from an area which, prior to the drainage plan, did not contribute to the channel upstream of the highway, and after construc- tion on the drainage channel has begun or there is sufficient evidence to insure that the drainage plan will be implemented, the department, PROPOSED RULES December 28, 2001 26 TexReg 10819