Michigan Laws 247.660p – Definitions; complete streets policy; duties of state transportation commission; consultation by department or county road agency with municipality; agreements for maintenance of transportation f
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Terms Used In Michigan Laws 247.660p
- commission: means the state transportation commission established in section 28 of article V of the state constitution of 1963. See Michigan Laws 247.660c
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Maintenance: means routine maintenance or preventive maintenance, or both. See Michigan Laws 247.660c
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) As used in this section:
(a) “Complete streets” means roadways planned, designed, and constructed to provide appropriate access to all legal users in a manner that promotes safe and efficient movement of people and goods whether by car, truck, transit, assistive device, foot, or bicycle.
(b) “Complete streets policy” means a document that provides guidance for the planning, design, and construction of roadways or an interconnected network of transportation facilities being constructed or reconstructed and designated for a transportation purpose that promotes complete streets and meets all of the following requirements:
(i) Is sensitive to the local context and recognizes that needs vary according to urban, suburban, and rural settings.
(ii) Considers the functional class of the roadway and project costs and allows for appropriate exemptions.
(iii) Considers the varying mobility needs of all legal users of the roadway, of all ages and abilities.
(c) “Department” means the state transportation department.
(d) “Local road agency” means that term as defined in section 9a.
(e) “Municipality” means a city, village, or township.
(2) The state transportation commission shall do both of the following by not later than 2 years after the effective date of the amendatory act that added this section:
(a) Adopt a complete streets policy for the department.
(b) Develop a model complete streets policy or policies to be made available for use by municipalities and counties.
(3) Before a municipality approves any project in its multiyear capital program that affects a roadway or transportation facility under the jurisdiction of the state transportation department or within or under the jurisdiction of a county or another municipality, it shall consult with the affected agency and agree on how to address the respective complete streets policies, subject to each agency’s powers and duties. Before the department submits its multiyear capital plan to the commission or a county road agency approves its multiyear capital plan, for any project that affects a roadway or transportation facility within or under the jurisdiction of a municipality, the department or county road agency shall consult with the municipality and agree on how to address the respective complete streets policies, subject to each agency’s powers and duties. Failure to come to an agreement shall not prevent the department from submitting its multiyear capital plan to the commission. This subsection does not apply under any of the following circumstances:
(a) If neither the agency proposing the project nor the affected agency has a complete streets policy.
(b) If the project was included in a municipality’s multiyear capital program or the department’s or a county’s multiyear capital plan on July 1, 2010.
(4) The department may provide assistance to and coordinate with local agencies in developing and implementing complete streets policies. The department shall share expertise in nonmotorized and multimodal transportation planning in the development of trunk line projects within municipal boundaries.
(5) The department, local road agencies, and municipalities may enter into agreements with each other providing for maintenance of transportation facilities constructed to implement a complete streets policy.