(A) Utilities on bridges. The applicant shall maintain the utility in good condition at his own expense and shall paint or repaint exposed metal parts of all lines where paint is used for the purpose of protection. This function should be performed when conditions dictate or at the direction of the Public Works Department.
(B) Maintenance of Private Entrances to County Road.
(1) The cost of private entrances connecting to a County road, either residential or commercial, shall be borne by the permittee. Future maintenance of such entrances shall not be the responsibility of the Public Works Department except that the county will maintain the entrance from the edge of pavement on the county's roadway to the edge of the roadway shoulder. The maintenance of the remainder of the entrance within the county's right-of-way will be borne by the property owner unless Public Works Department maintenance or construction work has caused said entrance to require adjustment to meet the county's work. Should the drainage pipe under a private entrance require replacement in order to correct a drainage problem along the county road, the costs for replacement may be borne by the Public Works Department provided the entrance, including the drainage pipe, was originally constructed and maintained to County standards.
(2) Maintenance of old or existing entrances.
(a) In individual cases where in the judgment of the Public Works Superintendent a residential or farm entrance is causing damage to the roadway or danger to the public, the Public Works Superintendent may authorize maintenance work, including materials, to correct the problem.
(b) When a drainage structure has been previously approved by the Public Works Department 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. Entrances constructed in violation of this policy shall be immediately removed where roadway drainage is affected.
(c) Private and commercial entrances which have been constructed for three or more years, without the property owner being informed in writing that his entrance is in violation of the County Public Works Department rules or regulations, 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.
(3) Entrances existing prior to county maintenance. Private and commercial entrances which were constructed prior to the Fiscal Court accepting a road into the county-maintained system from another agent or agency shall be considered as properly permitted entrances for all purposes.
(4) Public school entrances, exits, and pull-offs.
(a) The Public Works Department will maintain, at its expense, that portion of public school entrances and exits (including all drainage structures) which are located on the county's right-of-way.
(b) 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 expenses of the Public Works Department.
(5) Industrial entrances. When improvements are necessary for entrances to industrial facilities, the cost for them may in some instances be borne by the Public Works Department, as allowed by Public Works Department policy on industrial access roads. For these reasons, the Public Works Superintendent shall contact the Fiscal Court to determine whether the Public Works Department, or the permittee, shall bear the resulting costs, and whether such additional improvements are necessary.
(Ord. 620.1, passed 3-1-79; Am. Ord. 101.00, passed 6-13-95) Penalty, see § 95.99