§ 97.69 MAINTENANCE OF ENTRANCES.
   (A)   Newly constructed private and commercial entrances. Future maintenance of the entrances shall not be the responsibility of the Public Works Department except that the Public Works Department will maintain the entrances from the edge of the pavement of the roadway to the normal width of the roadway shoulder only. Maintenance of the remainder of the entrance on the county's right-of-way will be provided by the property owner. If the Public Works Director, or his or her designee, requires the replacement of a drainage structure to correct a drainage problem along the highway, the cost of the replacement may be borne by the Public Works Department provided the entrance was originally constructed and maintained to county standards.
   (B)   Old or existing entrances.
      (1)   In specific individual cases where in the judgment of the Director of Public Works, or his or her designee, a residential or farm entrance is causing damage to the roadway or danger to the public, the Director of Public Works, or his or her designee, may authorize maintenance work including materials to correct the problem.
      (2)   When a drainage structure has been approved by the Director of Public Works and it becomes inadequate to function properly, or when it has been damaged by the Public Works Department, it may be replaced at the expense of the Public Works Department.
   (C)   Entrances in violation of rules and regulations.
      (1)   Entrances constructed in violation of this policy shall be immediately removed where drainage is affected.
      (2)   Private and commercial entrances which have been constructed for three or more years, without the property owner being informed in writing that his or her entrance is in violation of the Department of Public Works rules and regulation, shall be treated as a properly permitted entrance as far as their maintenance is concerned. This shall not be interpreted to give the property owner the same rights as a properly permitted entrance as set forth in this manual.
   (D)   Entrances existing prior to state maintenance. Private and commercial entrances which were constructed prior to the Director of Public Works accepting a road into the county maintained system for another agent or agency shall be considered as properly permitted entrances for all purposes.
   (E)   Public school entrances, exits and pull-offs.
      (1)   The Public Works Department will maintain, at it expenses, that portion of public school entrances and exits (including all drainage structures) which are located on the county's right-of-way.
      (2)   Those areas located on the county's right-of-way which have developed, and will develop in the future as pull-offs, and deceleration and acceleration lanes by school buses will also be maintained at the expense of the Public Works Department.
   (F)   Industrial entrances. When improvements are necessary for entrances to industrial facilities, the cost for them may in some instances be borne by the Fiscal Court policy on industrial access roads. For these reasons, the Director of Public Works, or his or her designee, should contact the Fiscal Court to determine whether the Department of Public Works, or the permittee, shall bear the resulting costs, whether additional improvements are necessary.
(Ord. 620.11, passed 8-29-95) Penalty, see § 97.99