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(A) Generally. It is hereby ordained by the County Council that the county will not accept title to,
easement for, or maintenance responsibility of any road or street unless the road or street meets the criteria of this chapter.
(1) For roads and extensions of roads, the county will not accept rights-of-way less than 50 feet in total width for through roads, nor less than 40 feet for non-through roads.
(2) Additional right-of-way may be required by the County Council for excessive cuts, fill slope areas, drainage, and cul-de-sac turnarounds.
(3) The county will not accept any road right-of-way that does not connect with an existing publicly maintained road or street.
(4) (a) Acceptance of any road is subject to requirements of the dedication period, as defined in this Code. No road may be accepted unless accompanied by a surety in the form of a commercial bond or letter of credit or cash deposit in the amount specified in § 91.20(B)(7), or in such greater amount determined by the county to be sufficient to cover any estimated cost of repairs for a period of 2 years from the date of acceptance (“warranty period”).
(b) In the event that the road, as constructed, does not continue to meet the minimum standards approved for such road during the entire 2-year dedication period, the county will be entitled to pursue its remedies under the bond or other surety given to the county, and if such are insufficient to bring the road up to standards, then the county may pursue civil remedies against the developer, contractor, grantor(s), or other responsible party, and shall be entitled to collect all of its attorneys’ fees and court costs from such responsible party in so doing.
(c) If the acceptance of the road by the county was procured by fraudulent act, or if the road cannot be brought into compliance with the funds available from the surety and from other resources readily obtainable from the responsible party, then the county may seek a court order authorizing it to revoke its acceptance of such road and to remove it from the public road system, in addition to any other remedies it may have pursued or been entitled to pursue. If such relief is sought, the county shall be entitled to collect all of its attorneys’ fees and court costs in pursuing such relief, whether or not it is successful in obtaining such relief.
(5) The amount of surety to be provided to repairs required during the dedication period is as follows:
(a) For triple treatment roads, $10,000 per 1/4 mile;
(b) For roads paved with asphalt, $18,750 per 1/4 mile;
(c) Provided, however, the surety for a new road may be more or less than the foregoing amounts, considering the soil type, storm water drainage, construction methods, or other conditions or circumstances affecting the road, and the amount of the necessary surety shall be determined by the Director of Public Works.
(d) Any aggrieved person may petition the County Administrator within 30 days of the determination adverse to the person so aggrieved by the Director of Public Works for a review of the amount and quality of the surety required. The County Administrator’s determination is final.
(1) All constructed channels shall be uniform in cross-sections and fully grassed, including any berms, dikes, and spoil areas along the side of the channels. If a good planting or permanent grassing cannot be established, the developer (owner) may sign an agreement that he or she will be responsible for the channels until the time as they are acceptable by the county. All road ditches are excluded.
Permissible Velocity FPS
(2) The following are not recommended for slopes over 5%: weeping love grass, yellow bluestream, alfalfa, crab grass, and lespediza.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000; Am. Ord. 05-15-07, passed 6-6-2007; Am. Ord. 07-17-09, passed 11-19-2009)