Michigan Administrative Code › Department - Natural Resources › Parks and Recreation Division › Recreation Bond Program › Section R. 318.209 - Post-completion responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 9. The local unit of government shall be required to
				  operate and maintain a site developed with fund assistance as follows:
(a) The site shall be maintained to appear
				attractive and inviting to the public.
(b) Sanitation and sanitary facilities shall
				be maintained in accordance with applicable health standards.
(c) Sites shall be kept safe for public use.
				Fire prevention equipment, life saving equipment, and similar safety efforts
				shall be maintained for public safety.
(d) Facilities shall be maintained to prevent
				undue deterioration and to encourage public use.
(e) Sites shall be kept open for public use
				at times appropriate to the type of area or facility.
(f) Access to a site shall not be denied a
				person on the basis of residence. Preferential reservation, membership, or
				annual permit systems are prohibited, except to the extent that differences in
				admission and other fees may be instituted on the basis of residence.
				Nonresident fees shall not be more than twice that charged residents. If
				resident fees are not charged, nonresident fees shall not be more than the rate
				charged residents at other facilities in the area open to the public.
(g) Local units of government may impose
				reasonable limits on the type and extent of use of a facility when such
				limitations are necessary for maintenance or safety. Thus, limitations may be
				imposed on the numbers of persons who use a facility or the type of users, such
				as "hikers only" or "bicyclists only."
(h) Any site, or portions thereof, developed
				with fund assistance shall not be sold, disposed of, or converted to a use
				other than that use specified in the project agreement without the express
				approval of the commission. The commission has the authority to deny requests
				or require mitigation for sale, disposal, or conversion on a case-by-case
				basis. The denial of requests or the requiring of mitigation shall be based on
				an evaluation of the effect of such action on the original intent for which the
				grant was given.
(i) Local units of
				government are not required to continue the operation of a facility beyond its
				useful life. The operation of facilities funded under this program may be
				discontinued upon approval of the commission.
(j) Failure to comply with post-completion
				responsibilities as specified in subdivisions (a) to (i) of this rule shall be
				considered cause for the commission to take the following action or actions, as
				deemed appropriate:
(i) Withholding future
				payments to the local unit of government on any or all current recreation grant
				projects until the compliance issue is resolved.
(ii) Withholding action on all pending and
				future grant applications of the local unit of government submitted under the
				recreation bond, natural resources trust fund, and land and water conservation
				fund programs.
(iii) Other
				mitigation as required by the commission.