Gravel roads that were in existence in their present state prior to 1965, and not now a part of the county road system, may be accepted into the county road system for maintenance, by compliance with the following procedure.
(A) Prerequisite conditions. No gravel road shall be eligible for acceptance unless the following prerequisite criteria are met.
(1) No gravel roadway that does not serve at least four occupied residences, and abutted by at least four separate property owners, shall be considered for acceptance into the county road system.
(2) The gravel portion of the road bed to be accepted into the county road system shall be a minimum of 16 feet in width. Additionally, if required by the County Road Supervisor, there shall be a minimum of one foot of shoulder on either side of the gravel roadway level with the existing gravel surface.
(3) All property owners abutting the road proposed to be accepted must agree that the roadway be accepted into the county road system for maintenance. A written certification to that affect shall accompany any application proposing acceptance of a gravel roadway.
(4) All abutting property owners must execute a right-of-way easement in a total width of 30 feet, 15 feet on each side of a line constituting the centerline of the existing gravel roadway along the entire length of the proposed road.
(5) There shall be no fences, cattle guards, buildings or other structures, encroachments, or improvements located within the right-of-way to be dedicated.
(6) All fencing along the boundary line of the right-of-way shall be at the cost to the abutting owner. At no time shall any abutting owner graze livestock, cattle, or other domesticated animals without fencing along the right-of-way meeting the legal standard for livestock fencing.
(7) Unless the proposed roadway connects at both ends to an existing public roadway, at the termination point of the proposed roadway a turnaround shall be required of a size approved by the County Road Supervisor after considering the topography and road conditions. The property owner at which point the turnaround is to be located must grant the necessary right-of-way for the turnaround in addition to the right-of-way referred to and required in division (A)(4) above. The property owner shall grant a right-of-way easement of 15 feet from the centerline of the turnaround in all directions. The turnaround shall be constructed at the expense of the property owner.
(B) Maintenance provisions. All gravel roadways accepted under this provision into the county road system shall remain in a gravel condition for at least five years after the acceptance before they will be considered for the application of any permanent blacktop or asphalt surface.
(C) Application.
(1) Application for acceptance into the county road system of a gravel roadway shall be done by making a written request to the office of the County Judge/Executive. That application shall include the following information:
(a) The name and address of all abutting property owners;
(b) The stated width of the gravel surface and road shoulders;
(c) GPS coordinates of the point of intersection with an existing public roadway and the termination point;
(d) The width and existence of the required turnaround;
(e) A certification that all fences, cattle guards, buildings or other structures, encroachments, or improvements have been removed from the right-of-way to be dedicated; and
(f) The application must bear the signature of all abutting property owners and clearly indicate their agreement that the roadway be accepted into the county road system.
(2) (a) Once the application is received by the County Judge/Executive, it shall be referred to the County Road Supervisor for his or her determination that the proposed roadway meets the requirements set forth herein.
(b) The County Road Supervisor, once satisfied that the requirements have been met, shall certify to the County Judge/Executive that the proposed roadway meets all county requirements. The matter may then be placed upon the agenda for consideration by the County Fiscal Court.
(D) Applicability of other county ordinances. Any gravel roadway accepted into the county road system under the provisions of this section, shall be subject to any and all other provisions of the code of ordinances as they pertain to county roads.
(Ord. 2004-10, passed 5-26-2004)