§ 26-47. Procedure.

Under this division, roads will be accepted into the tertiary roadway maintenance system as follows:

(1)

At least 25 residents of the county shall submit a petition to the board of supervisors on a form provided by the board requesting that a roadway be accepted into the county road maintenance systems as a tertiary road and stating that it meets the tertiary design standards set forth in this division.

(2)

The board of supervisors will then refer the petition to the public works department for a review and a written recommendation, which shall be supplied to the board within 60 days of the referral.

(3)

The public works department shall supply the board with information regarding the existing status of the roadway and consider such factors as:

a.

Does the roadway meet the tertiary standards as defined in this division?

b.

The roads estimated average daily traffic.

c.

The number of residents living along the roadway.

d.

Does the roadway serve a school, church or other public facility?

e.

Is the roadway used as a school bus route?

f.

Is the roadway used as a mail route?

g.

Roadway design standards which would ordinarily apply to such roads.

h.

The land use of the property the roadway travels through and serves.

i.

The need for the roadway to provide essential fire, law enforcement or other emergency services.

j.

The overall conditions of the roadway as it exists at the time of the petition.

(4)

The public works department may specifically recommend remedial road work and improvements, which must be performed prior to accepting the road for any county maintenance, such as right-of-way alignment, smoothing of the surface, or resolving certain drainage problems, or placement of signage.

(5)

The board of supervisors may take any of the following actions:

a.

Deny the petitioner's request;

b.

Accept the roadway into the tertiary roadway maintenance system;

c.

Conditionally accept the roadway into the tertiary roadway system.

(6)

If a roadway is accepted into the tertiary roadway system, the road department may post signs indicating that the road has limited maintenance and that persons using the roadway shall travel at their own risk.

(7)

By accepting roadways into the tertiary road maintenance system, the county does not accept responsibility for any major maintenance or realignment of the roadway. In the event that it is determined that continued maintenance of a tertiary road is no longer necessary, feasible, or in the overall public interest, the board of supervisors may remove the roadway from the system. In the event that at a future date the roadway is improved to a standard which meets the roadway design standards for routine maintenance, the board may accept the roadway into the routine roadway maintenance system.

( Ord. No. 92-3 , 7-6-1992; Ord. of 11-15-1993, § II)