(A) Prerequisite conditions. Except as provided hereafter relating to acceptance of certain gravel roads into the county road system, the County Fiscal Court will not accept any street and/or road for maintenance unless and until all of the following are complete.
(1) Prior to the acceptance by the appropriate legislative body of maintenance of any road and/or street, the developer or subdivider has fully and completely reimbursed the Fiscal Court or city for any and all fees and costs paid to the selected engineer or engineering firm charged with construction inspection. It is the intent of these regulations that all costs incurred by the Fiscal Court or the city for the engineering or engineering firm shall be the responsibility of the developer and/or subdivider, and reimbursement shall be a condition for approval of the final plat.
(2) The project engineer and/or developer must furnish to County Fiscal Court and/or the County Road Supervisor a written request for a street or roadway to be accepted into the county road system. Requirements for acceptance are a legal description containing global position satellite coordinates for the centerline of the street or roadway to be accepted at its beginning and ending point, accompanied by the length and width of the street and number of homes, vicinity map for location of street or road, a copy of the final plat, copies of CBR tests and compaction tests, and an independent engineer’s certifications that the road is built according to these specifications and all applicable state and local requirements.
(3) Except as provided in division (A)(4) below, the developer shall be responsible for all maintenance and repairs for a period of one year from the date the street or road is accepted into the county road system, and, at the expiration of a year, the County Road Supervisor shall inspect the street or road to determine if it is in need of any repair before the final acceptance. The Fiscal Court may require a secured warranty bond as set forth in division (C) below under terms and conditions as may be appropriate before the acceptance of a street or road until the repairs are completed.
(4) In all instances where water retention or detention has been required, the developer shall be responsible for all maintenance and repairs on all streets and roads protected by retention and/or detention as well as such basins, culverts, pipes, and remedial measures to control erosion and sedimentation as may have been constructed on non-public land to protect streets, roads, and other property owners for a period of five years from the date the street or road is accepted into the county road system, and, at the expiration of five years, the County Road Supervisor shall inspect the street or road and retention/detention measures and then determine if they are in need of any repair before final acceptance. The Fiscal Court may require a separate and distinct secured warranty bond under amounts, terms, and conditions as may be appropriate before the acceptance of a street or road until the repairs are completed.
(5) All streets or roadways shall be constructed in accordance with the construction standards set forth herein.
(B) Construction standards.
(1) Utilities. All utilities shall be installed prior to the placement of any base material and no cuts shall be permitted for any reason after placement of base materials.
(2) Street width. The minimum of all streets and roads to be accepted into the county road system, not including curb and gutter, shall be 24 feet; provided, however, that cluster developments, crossroad communities, and rural transitional lots shall not be required to have curbs, gutters, nor sidewalks, but all other road construction criteria shall apply.
(3) Street crown. All roads or streets to be accepted into the county road system shall be crowned such that they have one-quarter inch of crown per each foot of street width from the center of the street to the curb edge. The crown shall be consistent throughout and without swale.
(4) Application of standards. All streets or roads constructed in the county for public use are to be constructed in accordance with the specifications set forth herein. These standards are separate from and in addition to the “Subdivision Regulations for Winchester/Clark County”. To the extent that these specifications conflict with the subdivision regulations as established by the Winchester-Clark County Joint Planning Commission, these standards shall prevail. To the extent these standards may conflict with standards or guidelines as established by the state’s Department of Highways, the state regulations shall prevail.
(5) Sub-grade preparations. Prior to placement of rock base materials, all utilities shall be in place and a developer shall provide to the County Road Supervisor written test data indicating the California Bearing Ratio (CBR) value of the prepared sub-grade to be four or greater. Any sub-grade found to be insufficient, unstable, irregular (i.e., not properly compacted, water saturated, or inappropriate in any way), shall be corrected prior to placement of any base material. A CBR value of less than four will require soil stabilization in order to achieve a corrected CBR value of four or greater. Methods for mechanical stabilization of sub-grade soils include the following approaches: controlling sub-grade density-moisture; undercutting poor materials and backfilling with granular materials; proof rolling and re-rolling of the sub-grade; using granular layers; and using granular layers reinforced with geofabrics or geogrid. In addition, the design engineer or geo-engineering firm may recommend an alternative field repair on-site with the approval of the County Road Supervisor. All sub-grades must be proof-rolled with a tandem truck loaded with a minimum of 20 tons of load to be furnished by the developer. The County Road Supervisor or his or her designee shall witness and inspect the proof-rolling to determine any inferior roadbed preparation. Compaction and placement of base material shall meet the requirements of the engineered plans and shall be placed only upon sub-grade shaped to the required section and thoroughly compacted.
(6) Aggregate base material. Base material shall consist of eight inches of limestone material, to be applied in two courses, with the first course being four inches in thickness and consisting of No. 3 limestone, locked with a light coat of No. 57 limestone. The placement of No. 3 limestone shall be rolled into place and witnessed by either a competent inspector designated by the design engineer or the County Road Supervisor. The second lift shall be four inches in thickness and shall consist of pug milled dense grade aggregate (DGO) limestone. All such courses shall be compacted to a density of no less than 84% of solid volume throughout the layers prior to placement of bituminous base for surface. Written test data accumulated by a qualified engineer indicating specified compaction shall be supplied by the developer to the County Road Supervisor prior to the placement of any asphalt binder or base.
(7) Surfacing. Minimum bituminous concrete pavement shall consist of one, two and one-half inch course of compacted asphalt base and one, one and one-half inch course of compacted surface asphalt. Placement and compaction shall be performed as specified in the latest design specification of the state’s Department of Highways. In the case of traffic levels exceeding 1,500 ADT, the engineer shall submit a design criteria based on a CBR rating of five. Test should be performed on road location every 500 feet or fraction thereof (e.g., for a road section less than 500 feet, one test is required; for a road section at least 500 feet but less than 1,000 feet, two tests are required).
(a) Prior to applying the one and one-half inch surface, the developer, owner, or engineer shall contact the County Road Supervisor, at which time he or she shall inspect the base asphalt for any damage and for cleanliness. A tack coat of SSIH, or equivalent, shall be applied between the binder and the surface courses.
(b) A concrete box curb and gutter shall be the standard requirements for public streets and shall measure 24 inches from the back of the curb to the outer edge of the gutter. The back of the curb shall be a full 12 inches in depth. The curb shall be a full six inches in thickness for its entire width. The gutter shall slope one inch toward the curb. These dimensional standards may be altered, if necessary, to ensure compliance with the Americans with Disabilities Act (ADA), specifically for required ramps and curb cuts. Sub-grade for curb and gutter shall be thoroughly compacted. Compaction shall be either by approved type of self-propelled roller or by approved type of mechanical tamper. Concrete shall meet requirements for Class “A” in the state’s Department of Transportation, Bureau of Highways, Standard Specifications, Current Edition.
(c) Concrete curbs shall measure 24 inches from the back of the curb to the outer edge of the curb. The back form shall not be less than ten inches in depth. The outer edge of the curb (next to the street paving) shall be a full seven inches in depth and shall have a one inch slope toward the curb except at street intersections where adjustments may be necessary to alter or eliminate the slope for practical reasons. The form at the edge of the gutter shall be a full seven inches in depth. Concrete shall comply with state’s Department of Transportation standards. The concrete shall meet requirements for Class “A” in the state’s Department of Transportation, Bureau of Highways, Standard Specifications, Current Edition.
(d) Concrete lip curbs and bituminous curbs are not permitted.
(e) Storm water handling facilities, including, but not limited to, inlet basins, culverts, and pipe and retention areas, shall be designed such that the storm water drainage from the proposed construction to adjacent properties shall not exceed the pre-development storm water discharge rate. The finished construction shall not create any adverse effect, including, but not limited to, erosion and flooding on the adjoining property owners. Design of drainage facilities shall be reviewed by an engineer employed by the Winchester/Clark County Joint Planning Commission during the preliminary stages. Upon completion the County Road Supervisor shall inspect said project. Acceptance is subject to the approval of the County Road Supervisor.
(8) Street name signs. All street name signs shall be placed by the developer at the beginning of each street when paving begins. Street name signs shall be provided by the developer, shall be legible, and shall be subject to the approval of the County Road Supervisor.
(9) Cementitious concrete aggregate surfaces. Cementitious concrete aggregate surfaces may be accepted into the county road system only under the following circumstances.
(a) Said roadway shall be constructed according to engineering standards deemed sufficient for the traffic load to be endured by the surface and certified to the county by a licensed road engineer.
(b) At all times during construction, the roadway shall be subject to inspection by the County Road Engineer. Any applicant shall immediately correct all deficiencies noted by the County Road Engineer.
(c) Upon completion, and subject to final inspection, said roadway shall be accompanied by a dedicated 50-foot right-of-way to be included within the county maintained road system, however, prior to said acceptance the applicant shall provide a commercial surety bond for a term of not less than 60 months which shall be in an amount equal to 110% of the project cost as certified to the County Road Supervisor by the project engineer, satisfactory to the Fiscal Court, executed by a surety company authorized to do business in the state. Said bond shall be for the use and benefit of the county, to guarantee that all defects, maintenance, and repairs of said roadway be corrected without expense to the county for and during the 60-month period of the surety bond. Certification of the project cost shall be done prior to the final inspection by the County Road Supervisor.
(d) Engineering certifications and drawings required of the developer shall be in sufficient detail to show the entire sub-grade preparation and shall confirm that all sub-grade requirements as set forth in this chapter have been met. Written test data accumulated by a qualified engineer indicating specified compaction shall be supplied by the developer to the County Road Supervisor prior to the placement of any cement surface. Compaction and placement of base material shall meet the requirements of the state’s Department of Transportation and shall be placed only upon sub-grade shaped to the required typical section and thoroughly compacted. All other sub-grade preparations shall be in compliance with this chapter.
(10) Access roadways. All access roadways leading to concrete plants, asphalt plants, airports, landfills, and quarries shall be asphalt and designed by a licensed civil engineer using the Pavement or Concrete Design Guide from the state’s Department of Transportation. Should a design formulation not be possible using asphalt, then a design for concrete by a licensed civil engineer using the Pavement or Concrete Design Guide from the state’s Department of Transportation shall be required.
(C) Warranty bonds.
(1) Warranty bonds shall be in a format identical to form in division (F) below, and be in an amount equal to 110% of the cost necessary to complete all of the improvements required of the developer (including measures to control erosion and sedimentation, when applicable).
(2) The bond must be secured, for the duration of its term, in one of the following forms:
(a) A surety bond issued by a commercial insurance company approved by the Fiscal Court and authorized to do business in the state;
(b) Certified check or cash bond;
(c) Negotiable United States Treasury Certificate of the kind approved by law for securing deposits of public money; or
(d) A letter of credit in a form acceptable by the Fiscal Court and from a banking institution chartered to do business in the state.
(3) The bond shall be executed by the developer as principal, and shall reflect the identify and form of the surety. The bond shall be a joint and several obligation of the principal and surety guaranteeing faithful performance of any and all work and the construction and installation of all improvements required of the developer together with all engineering and inspection costs and fees incurred by the city or county, limited only by the gross amount of the bond.
(4) The bond shall contain the further condition that should the developer fail to complete all work and improvements required of him or her within 24 consecutive calendar months of the date of approval of the final plat, or within a mutually agreed upon extension not to exceed 12 consecutive calendar months, the County Fiscal Court and or County Road Supervisor may, at its option, cause all required work to be done and improvements constructed at which time the conditions of the warranty bond shall be deemed breached and demand shall be made on the surety for performance.
(5) The parties executing the bond shall be firmly bound for the payment of all necessary cost therefor. Whenever the developer elects to deposit cash, certified check, or approved negotiable United States Treasury Certificates, the County Fiscal Court shall be authorized, in the event of any default on the part of the developer or the performance of any work or construction of any improvements for which the cash or negotiable bonds have been deposited, to cause the required work to be done and to withdraw that amount required for payment of all costs therefor.
(6) At such time that the developer has completed such improvements, or a substantial portion thereof, as specified in the warranty bond, the developer shall notify the Winchester/Clark County Planning Commission and or County Road Supervisor. An inspection of the improvements shall be made and, if all are in conformance with the requirements, the County Road Supervisor shall notify the Fiscal Court which may then authorize the release of the relevant portion of the bond. However, the Fiscal Court, at its option, may elect to not make a partial release of the bond and may require completion of the project.
(D) Street name signs. All street name signs shall be placed by the developer at the beginning of each new section of street when paving begins. Street name signs shall be provided by the developer, shall be legible, and shall be subject to the approval of the County Road Supervisor.
(E) Bituminous concrete on macadam base.
(1) The macadam base shall consist of dense graded aggregated limestone compacted to finish depth of not less than eight inches to be laid in two four-inch courses. The aggregate base shall be compaction. Upon this base shall be placed a base finder course and surface course of bituminous concrete Class 1 placed as follows based on CBR (California Bearing Ratio) test results performed at the proposed road location every 500 feet or fraction.
Table 1 - Bituminous Concrete on Macadam Base
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Traffic Level
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CBR | A | B | C |
Table 1 - Bituminous Concrete on Macadam Base
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Traffic Level
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CBR | A | B | C |
6.5 in. asphalt base | 7.5 in. asphalt base | 8.5 in. asphalt base | |
1.5 in. asphalt surface | 1.5 in. asphalt surface | 1.5 in. asphalt surface | |
Total depth = 16 in. | Total depth = 17 in. | Total depth = 18 in. | |
5.5 in. asphalt base | 6.5 in. asphalt base | 7.5 in. asphalt base | |
1.5 in. asphalt surface | 1.5 in. asphalt surface | 1.5 in. asphalt surface | |
Total depth = 15 in. | Total depth = 16 in. | Total depth = 17 in. | |
4.5 in. asphalt base | 5 in. asphalt base | 6.5 in. asphalt base | |
1.5 in. asphalt surface | 1.5 in. asphalt surface | 1.5 in. asphalt surface | |
Total depth = 14 in. | Total depth = 14.5 in. | Total depth = 16 in. | |
3.5 in. asphalt base | 4.5 in. asphalt base | 5.5 in. asphalt base | |
1.5 in. asphalt surface | 1.5 in. asphalt surface | 1.5 in. asphalt surface | |
Total depth = 13 in. | Total depth = 14 in. | Total depth = 15 in. | |
2.5 in. asphalt base | 4 in. asphalt base | 5 in. asphalt base | |
1.5 in. asphalt surface | 1.5 in. asphalt surface | 1.5 in. asphalt surface | |
Total depth = 12 in. | Total depth = 13.5 in. | Total depth = 14.5 in. | |
Pavement designs holding DGA thickness constant at eight in. *All Base depth are rounded up to the nearest one-half inch. Traffic levels; A up to 400 ADT, B up to 700 ADT, C up to 1,500 ADT; where the ADT exceeds 1,500 the engineer shall submit design criteria. Where multiple CBR values are found the lowest value (higher number) shall be used. | |||
(F) Bond form.
CLARK COUNTY FISCAL COURT
WARRANTY BOND FOR ROAD ACCEPTANCE
KNOWN ALL MEN BY THESE PRESENTS, That and , as Owner/Developer, hereinafter called “Principal”,
and , a corporation, organized and existing under the laws of the State of and authorized to do business in Kentucky, with principal offices
at , as Surety, hereinafter called “Surety”, are held and firmly bound unto the Clark County Fiscal Court as Obligee, hereinafter called “Obligee”, in the amount of
(words)
Dollars ($ . ), for the payment of which, well and truly to be made, we hereby (numbers)
jointly and severally bind ourselves, our heirs, executors, administrator, successors and assigns firmly by these presents.
WHEREAS, the Principal has tendered for approval a section of roadway, the legal description of which is fully set forth in Attachment “A”, a copy of which has been prepared by under date of , and will upon acceptance into the county road system, thereafter maintain and keep in proper repair for a period of one (1) year subsequent to acceptance of said street or roadway, in accordance with the ordinances of the Clark County Fiscal Court.
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, if the Principal shall well and faithfully do and perform all construction and maintenance required by state and local law or by the Clark County Fiscal Court and shall indemnify and save harmless the Obligee against all claims, loss, or damage, and expenses of reconstruction or additional work required by the Clark County Road Department to complete the street to its acceptable condition, notice of which shall be given to the Principal, within a one (1) year from the date of acceptance of such street or road (excepting measures for water retention and detention which shall be five (5) years), then this obligation shall be void. Otherwise, it shall remain in full force and effect until said claims, loss or damage, and expenses of reconstruction or additional work as required above, are completed. The Obligee and surety understand and agree that the bond may extend for an indeterminate period beyond the original term upon notice of required reconstruction or work and terminate only upon completion of the required reconstruction or additional work or resolution of the claims, loss, or damage which have been indemnified by this Agreement.
If this bond is given to secure a warranty on water retention and detention, then it shall be deemed broad enough to indemnify and save harmless the Obligee against all claims, loss, or damage, and reconstruction of such basins, culverts, pipes, and remedial measures to control erosion land sedimentation as originally required upon road or street acceptance, including those remedial measures as may have been constructed on non-public property as required to protect streets, roads, or other property owners.
Should the developer fail to complete all work and improvements required of him or her within six (6) consecutive calendar months of the date of notification of required work or within a mutually agreed upon extension not to exceed 12 consecutive calendar months, the Clark County Fiscal Court and or County Road Supervisor may, at its option, cause all required work to be done and improvements constructed at which time the conditions of the performance bond shall be deemed breached and demand shall be made on the surety for performance.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein, its successors or assigns.
Should any proceedings be necessary to enforce this bond, such sum as the court may determine to be reasonable shall be allowed to Obligee as attorney’s fee, in addition to other sums found due.
In the event that any actions or proceedings are initiated with respect to this bond, the parties agree that the venue thereof shall be Clark County, State of Kentucky.
IN TESTIMONY WHEREOF, said Principal has signed this instrument at Winchester, Kentucky, in person or by agent duly authorized, and said surety has caused its name to be hereunto signed by its duly authorized agent.
This day of , 20 .
Principal
By
Title
Surety
By
Attorney-in-Fact
(Prior Code, § 40.001) (Ord. 2002-23, passed 11-8-2002; Ord. 2002-24, passed 11-8-2002; Ord. 2002-31, passed 12-18-2002; Ord. 2003-3, passed 4-9-2003; Ord. 2003-4, passed 4-9-2003; Ord. 2004-10, passed 5-26-2004; Ord. 2004-27, passed 12-15-2004; Ord. 2006-2, passed 1-25-2006; Ord. 2019-09, passed 12-23-2019)