(605 ILCS 30/2) (from Ch. 121, par. 602)
Sec. 2.
Responsible agency; bikeways program; use of funds.
(a) The
Department of Transportation of the State of Illinois, referred
to in this Act as "the Department", is designated as the State agency
responsible for developing and coordinating a State-wide bikeways program and
shall officially designate bikeways throughout the State.
For purposes of this Act, "bikeways program" includes, but is not
limited to: surveys, safety measures, demonstration projects, research,
education, proposed legislation, utilization of existing streets and
walkways, provision of bicycle paths to and from schools affording a
minimum of hazard from automobiles, provision of comfort stations and
weather shelters, provision of facilities in connection with commuter
railroads to facilitate the use of bicycles by commuters in traveling to
and from the railroad stations, and promulgation of standards, security
measures and regulations for the registration and use of bicycles.
The Department and, with the Department's approval, the county board of
any county or the corporate authorities of any municipality, conservation
district, park district, or forest preserve district are hereby
authorized to expend funds appropriated for purposes of this Act to acquire
right-of-way, plan, locate, relocate, construct, reconstruct, maintain, alter,
improve, vacate, and regulate the use of officially designated bikeways.
For
purposes of this Act a bikeway may be (1) a shared facility whereby both
vehicles and bicycles may operate on the through lanes, parking lanes or
shoulders of a street or highway, (2) a pathway on a street or highway
right-of-way, on public land other than a street or highway right-of-way,
or on lands not owned by a municipality, local unit of government, county, or
the State of Illinois or one of its agencies or authorities by agreement with
the owner for a minimum duration of 20 years. Property interests acquired for
projects constructed under the terms of this Act shall not restrict the access,
use or enjoyment of the bikeways by the public consistent with regulation by
the agency of government with jurisdiction over each bikeway and shall protect
the public investment for the useful life of the bikeways.
(b) Notwithstanding the requirement of paragraph 2(a) that any agreement
for the acquisition of a property interest in lands not owned by a
municipality, local unit of government, county, or the State of Illinois or one
of its agencies or authorities shall be for a duration of not less than 20
years, the county board of a county with a population over
500,000
may also enter into agreements with a minimum duration of 5 years with any
public utility or railroad for the use of any
right-of-way of that public utility in excess of 60 feet in width or railroad
right-of-way in the county as a bikeway. The county board
shall
have
the authority to proceed under the terms of any such agreement for
the construction
and maintenance of the bikeway and shall have the authority to treat the
construction and maintenance as it would for construction and maintenance of
county highways including the use of any funds toward the bikeway construction
and maintenance that are generally available for the construction and
maintenance of county highways.
The bikeway construction and maintenance shall be supervised by the county
engineer. The county board has the authority to adopt an ordinance to regulate
the use of the bikeways.
Bikeways to be funded by the county may include segments in the railroad or
utility corridor that otherwise meet the criteria of subsection (a) of this
Section. Any bikeway constructed by a county under this
subsection under an agreement with a public utility or railroad with a
duration of less than 20 years shall not receive any support with funds
appropriated to the Department.
(Source: P.A. 88-502; 88-676, eff. 12-14-94.)
|