| (a) Purpose. The Landscape Cost Sharing Program (Program)
allows individuals, private businesses, organizations, and local governments
an opportunity to support the aesthetic improvement of the state highway
system by sharing the project development, establishment, and maintenance
cost of landscaping the state highway system. This section sets forth
policies and procedures governing the Program.
(b) Participation.
(1) Eligible entities. An individual, private business,
organization, or local government may share in the cost of the development,
establishment, and maintenance of the landscaping of a segment of
the state highway system upon approval of the district engineer. An
individual, private business, or organization is eligible to participate:
(A) as a donor through the local government by providing
to the local government donations in an amount equal to not less than
25% of the local government's share of the project cost; or
(B) as a non-governmental donor by providing donations
directly to the department if the donor is located in the county or
a county adjacent to the county in which the project site is located.
(2) Compliance with other rules. The department will
process a donation under paragraph (1)(B) of this subsection in accordance
with the requirements of Chapter 1, Subchapter M of this title (relating
to Donations). If a provision of this section conflicts with a provision
of Chapter 1, Subchapter M of this title, this section will prevail.
(3) Sign. The department may install a sign at the
project site announcing the local government's or donor's participation
in the Program. The sign must conform to the Texas Manual on Uniform
Traffic Control Devices. On approval of the district engineer of the
district in which the project site is located, a municipality may
erect and maintain a sign within the municipality's jurisdiction announcing
participation in the Program.
(c) Application.
(1) A local government or donor that desires to participate
or to continue to participate in the Program shall submit an application
to the district engineer of the district in which the project site
is located.
(2) The application shall be in the form prescribed
by the department and shall at a minimum include:
(A) the date of application;
(B) the name, telephone number, and complete mailing
address of the local government or donor;
(C) the highway section the local government or donor
is interested in developing;
(D) the project concept plan, containing sketches,
drawings, estimates, specifications, and descriptive text as may be
required by the department to evaluate the project under required
general, site, and design considerations, to determine the proposed
design intent, and to estimate the amount of department participation;
and
(E) a statement, chart, or spreadsheet based on the
project concept plan, which illustrates the recommended responsibilities
of the department and the local government and, if applicable, the
donor (this statement, chart, or spreadsheet shall contain fully itemized
cost figures for each portion of the project as may be required for
the department to evaluate the recommended fair-market values for
acceptable material and services proposed).
(d) Conditions. In order to participate in the Program,
each project must meet the department's approval under general, site,
and design considerations.
(1) General considerations. Normally, work on state
highway right-of-way will be performed by state forces or by contractors
selected and administered by the department. The district engineer
of the district in which the project site is located may grant an
exception to allow a local government or donor to perform work on
state highway right-of-way under this Program.
(A) A local government or donor may participate in
the joint beautification of the existing state highway system subject
to the following restrictions.
(i) If the project is determined by the department
to be a highway-landscaping project, the department will evaluate
accepting labor, equipment, materials, design services, and cash as
the contribution toward the proposed project.
(ii) If the project is determined by the department
to be a pedestrian landscaping project, the department's participation
will be limited to furnishing materials only for installation.
(B) Unless waived by the department, projects shall
exceed $25,000 if constructed by the department.
(C) The cost of any previous work by the local government
or donor shall not be included as a portion of the contribution toward
the project.
(D) For a project to be evaluated by the department
for work under the Program, the minimum value of acceptable non-cash
contributions plus cash contributions by the local government or donor
must equal or exceed $2,500.
(E) If the department is to provide materials for the
project, applicable statutes, rules, and procedures relating to the
purchase of materials using state funds will apply.
(F) If the department is to provide for the construction
of any portion of the project, applicable statutes, rules, and procedures
relating to scheduling, processing, and administering a highway improvement
project through the department's highway letting process will apply.
(2) Site considerations. For sites to be approved by
the department, the following site conditions must be met. The site
must:
(A) not be scheduled for future construction as defined
within the department's current unified transportation plan which
would conflict with the activities proposed on the project;
(B) contain sufficient right-of-way to reasonably permit
planting and landscaping operations without conflicting with safety,
geometric, and maintenance considerations;
(C) not contain overhead or underground utilities,
driveways, pavement, sidewalks, or highway system fixtures including
traffic signage or signalization which will conflict with the planting
or landscaping operations proposed under the project; and
(D) not obstruct or interfere with existing drainage
conditions along the site.
(3) Design considerations. For sites to be approved
by the department, the following design considerations must be met.
(A) The project design, as shown on the project concept
plan, must be acceptable to the department.
(B) Unless otherwise approved by the department, the
project design may not include the following design elements:
(i) plant material or fixtures which, in the opinion
of the department, require an intensive level of continued establishment
and maintenance in order to assure the effectiveness and function
within the design;
(ii) flagpoles or pennant poles;
(iii) fountains or water features; and
(iv) statuary, sculpture, or other art objects.
(C) The following items, if considered by the department
as an acceptable element of the project design plan, may not be included
as a contribution cost, and will not be furnished or installed by
the department:
(i) benches and pedestrian seating;
(ii) pedestrian or historic lighting or illumination
systems; and
(iii) trash or refuse receptacles.
(D) The local government or donor must fully illustrate
the recommended division of responsibilities as necessary for the
department to evaluate the proposed manner of project implementation,
establishment, and maintenance if applicable. The illustration of
recommended project responsibilities shall at a minimum include:
(i) preparing the project design plan, provided that
the cost of providing the project design plan for a pedestrian landscaping
project shall be the sole responsibility of the local government or
donor, and shall not be included as a portion of its contribution
toward the project;
(ii) furnishing and installing required material; and
(iii) performing project establishment and maintenance,
if required, provided that the cost of performing project establishment
and maintenance on a pedestrian landscaping project shall be the sole
responsibility of the local government or donor and shall not be included
as a portion of its contribution toward the project.
(E) The local government or donor must fully itemize
and document the proposed cash and non-cash contribution available
to support the project. This itemization and documentation shall include
at a minimum the following items:
(i) amount of cash to be provided to the department;
(ii) non-cash value of each individual item of material
to be furnished by the local government or donor;
(iii) cost of each individual item or material to be
furnished by the department;
Cont'd... |
