(1) WHEN FACILITIES
ARE NOT REQUIRED. Notwithstanding s.
Trans
75.02, bikeways and sidewalks are not required on any
highway on which the cost of establishing bikeways or sidewalks would be
excessively disproportionate to the need or probable use of the bikeways or
sidewalks. Cost is excessively disproportionate to the need or probable use of
the bikeways or sidewalks if it exceeds 20 percent of the estimated total
project cost.
(2) COSTS CONSIDERED.
The cost of establishing a bikeway or sidewalk shall consider only the marginal
cost of establishing any new or expanded bikeway or sidewalk and may not
include any cost to reestablish any existing bikeway or sidewalk. Costs shall
include only construction costs and the cost to acquire any real estate needed
for a bikeway or sidewalk. Only 20 percent of the cost to acquire real estate
needed for a bikeway or sidewalk shall be considered a cost of the bikeway or
sidewalk if all of the following apply:
(a)
Existing right of way is sufficiently wide to establish the bikeway and
sidewalk were the highway construction or reconstruction project to occur
without any additional travel lane.
(b) Additional real estate is needed to
accommodate all needed travel lanes, bikeways and sidewalks.
Note: For example, a highway reconstruction project may require
a gravel shoulder of sufficient width. Paving the shoulders could establish a
bikeway. The cost to establish the bikeway shall consider only the cost of
paving the shoulder, not the cost of the gravel shoulder. If the shoulder is
widened for the bikeway beyond that ordinarily required for the roadway, the
excess shoulder costs shall be considered costs to establish the bikeway, in
addition to the cost of repaving the entire shoulder.
(3) APPORTIONING MONEYS. If the
sum of costs for both sidewalks and bikeways exceeds 20 percent of the
estimated total project cost, but the costs for either sidewalks or bikeways is
less than 20 percent of the estimated total project cost, the authority may
give more consideration to the inclusion of sidewalks as required in s.
Trans
75.02(2). The highway project shall
include whichever of bikeways or sidewalks, or portions thereof, the authority,
in consultation with the department, determines will provide the best value and
costs 20 percent or less than the estimated total project costs. The highway
project shall expend up to 20 percent of estimated total project costs on
establishing sidewalks or bikeways or both.
Note: Assume a highway reconstruction project requiring no
additional real estate and having estimated total project costs of $1,500,000
where roadway construction costs $1,150,000, the cost to build or rebuild
sidewalks on both sides is $250,000, the cost to build or rebuild bikeways on
both sides is $100,000, and where:
1.
Sidewalks already exist on both sides of the highway and no bikeways exist. In
this example, the cost of establishing the sidewalks shall be considered to be
zero, since the sidewalks are already established. The cost to establish both
sidewalks and bikeways shall be considered to be $100,000, which represents 7
percent of estimated total project costs. Bikeways and sidewalks should be
built on both sides of the highway.
2. Sidewalk exists on only one side of that
highway and no bikeways exist. In this example, the cost of establishing the
sidewalks shall be considered to be $125,000, the cost to establish bikeways is
$100,000, which together represents 15 percent of estimated total project
costs. Bikeways and sidewalks should be built on both sides of the
highway.
3. Neither sidewalks nor
bikeways exist. In this example, the cost to establish both sidewalks and
bikeways is $350,000, which represents 23 percent of total project costs. In
this case, expenditures to establish sidewalks and bikeways may be limited to
$300,000, or 20 percent of total project costs.
(4) DOCUMENTATION AND APPROVAL REQUIRED.
Notwithstanding s.
Trans
75.02(4), if an authority determines
that bikeways and sidewalks are not required under this section, the authority
shall submit to the department a written justification for the exception as
part of any agreement concerning funding for the highway construction and
reconstruction project from any appropriation of state or federal funds under
s.
20.395 or
20.866, Stats. If the department
receives a justification under this subsection, the department may approve the
expenditure of moneys from any state or federal appropriation under s.
20.395 or
20.866, Stats., for the highway
project only if the secretary of transportation, or the secretary's designee
who has knowledge of the purpose and value of bicycle and pedestrian
accommodations, finds that the exception under this subsection
applies.
