(A) Since the passage on July 6, 1987 of Ord. 87-1, it has come to the attention of the Board of Commissioners of the county, by and through the investigation of the existing roadways in subdivisions which were never dedicated and/or accepted by the county, that there are certain provisions in Ord. 87-1 which may be harsh in its application and contrary to the interests of the residents of the county or placed upon the present owners of any subdivision affected (those having an undedicated/unaccepted roadway) that would make the application of that ordinance a financial impossibility for the landowners.
(B) The Board of Commissioners of the county shall accordingly accept all existing paved streets and roadways within any subdivision in the confines of the county outside of the corporate boundaries of the City of Washington, provided that all landowners within the subdivision which border on an affected roadway (being an undedicated/unaccepted subdivision roadway) to the following terms and conditions:
(1) The county shall have a 50-foot right-of-way to maintain drainage ditches (25 feet from the centerline on both sides of the road) and the road right-of-way shall be in writing signed by the present owners of the real estate which shall thereafter be recorded in the office of the County Recorder;
(2) The County Highway Department will only maintain the pavement to its current condition, which includes ditching, snow removal and patching, but this does not necessarily include the cost of resurfacing;
(3) The County Highway Department and the Board of County Commissioners reserve the right, as they have on all county roads, to determine when the point is reached when it is no longer economically feasible to patch the existing pavement and decide whether or not to turn it back to gravel or stone;
(4) The county will not be responsible to maintain dust control on the streets or roads once they have been turned back to gravel or stone;
(5) Due to limited highway funds, it may be necessary for the landowners to incur all costs for the resurfacing of the streets or road per county highway specifications in effect, at that time;
(6) The road shall have a minimum width of 18 feet; and
(7) The County Highway Department shall be notified of the construction date so that the engineer can supervise the work.
(C) Any subdivision which presently has an existing gravel or stone roadway which has yet to be dedicated and/or accepted by the county shall meet the following specifications:
(1) The county shall have a 50-foot right-of-way to maintain drainage ditches (25 feet from the centerline on both sides of the road) and the road right-of-way shall be in writing signed by the present owners of the real estate which shall thereafter be recorded in the office of the County Recorder;
(2) The road shall have a minimum width of 18 feet;
(3) Each landowner must install the drainage structure recommended by the County Highway Engineer;
(4) If the present subdivision road consists of stone or gravel, then enough stone (#53) shall be added and compacted with a roller to form a base six inches deep. The minimum surface treatment shall be a double chip and seal;
(5) The County Highway Department shall be notified of the construction date so that the engineer can supervise the work;
(6) The County Highway Department will only maintain the pavement to its current condition, which includes ditching, snow removal and patching, but this does not necessarily include the cost of resurfacing;
(7) The County Highway Department and the Board of County Commissioners reserve the right, as they have on all county roads, to determine when the point is reached when it is no longer economically feasible to patch the existing pavement and decide whether or not to turn it back to gravel or stone; and
(8) The county will not be responsible to maintain dust control on the streets or roads once they have been turned back to gravel or stone.
(D) The Board of Commissioners of the county further reaffirm the guidelines and specifications adopted by this Board on April 11, 1985, in the accepted and resolved policy title Minimum Specification for Paving Street in Subdivision shall apply to any and all subdivision roadway under construction at this time or planned or not yet under construction and this section shall apply only and solely to roadways of previously platted and accepted subdivisions whose roadways were either not dedicated or if dedicated not accepted by this Board and this section is hereby limited to same.
(Ord. 88-6, passed 12-19-1988)