(A) (1) The Council may require that a grade crossing be eliminated, and replaced, by a railroad bridge, or by a railroad underpass, if the Council finds as a fact that the grade crossing constitutes an unreasonable hazard to vehicular or pedestrian traffic. In such event, the town shall bear 90% of the costs, and the railroad company shall bear 10% of the costs. If the town constructs a new street which requires a grade separation, and which does not replace an existing street, the town shall bear all of the costs. If a railroad company constructs a new track across at grade, or under, or over, an existing street, the railroad company shall pay the entire cost thereof.
(2) The town shall pay the costs of maintaining street bridges which cross over railroads. Railroad companies shall pay the cost of maintaining railroad bridges over streets, except that the town shall pay the costs of maintaining street pavement, sidewalks, street drainage, and street lighting where streets cross under railroads.
(B) Whenever the widening, improving, or other changes in a street require that a railroad bridge be relocated, enlarged, heightened, or otherwise reconstructed, the town shall bear 90% of the costs, and the railroad company shall bear 10% of the costs.
(Code 1976, § 5.30)
Statutory reference:
Similar provisions, G.S. § 160A-298(d), (e).