Section 318.209. Post-completion responsibilities.

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.

History: 1989 AACS.