For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AASHTO. The most recent edition of A Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials.
AGREEMENT TO TRANSFER. A written agreement between a property owner and the county by which the property owner has conveyed, or will convey, to the county any rights-of-way across the landowner’s property that are deemed necessary by the county and is agreed to between the parties.
APPLICANT. Any natural person, partnership, corporation, firm, association or other legal entity seeking to engage in activities that constitute an encroachment upon existing county road rights-of-way.
APPROACH. The part of the landowner’s driveway access that initially leaves the active roadway.
ASPHALT. A mixture of aggregates, binder and filler used for constructing and maintaining roads, parking areas, railway tracks, ports, airport runways, bicycle lanes and sidewalks.
BLUE STAKE(S). To have the Blue Stakes service, provided by dialing 8-1-1, locate the utilities in the vicinity of work being done.
COUNTY. Sevier County, Utah.
COUNTY ROAD RIGHTS-OF-WAY. The corridor width for the road itself, all of its appurtenant shoulders, culverts, drains, turnarounds and the like, and any additional corridor width that constitutes the county’s rights-of-way therefor, plus any and all other rights-of-way acquired by the county in or appurtenant to the corridor width, all of which the county has acquired by any legal means, including, but not limited to, conveyance, construction with county resources, prescriptive use or dedication by public use.
DEDICATED RIGHTS-OF-WAY. For any given county road rights-of-way, in addition to its meaning under controlling state statutory and case law, means that a duly recorded plat, survey or related document has been developed which contains a legal description of a county road rights-of-way and which names the county as the rights-of-way owner. Under controlling state law, a road may be dedicated to the county for public motorized travel by mere continuous public use for the required number of years or by construction with public funds, for example. Therefore, the lack of a duly recorded plat, survey or related document for any given county road rights-of-way does not alone render the county’s rights-of-way for that road invalid.
DESIGNATED PARKING. Areas that are marked by the county as parking areas. Parking is not permitted within a county road rights-of-way unless it is clearly marked for parking. Parking is not allowed on roadway shoulders within a county road rights-of-way.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, the construction or improvement of buildings, structures, roads or accessory structures; the construction of additions, or substantial alterations to buildings, structures, roads or accessory structures, including agricultural structures and appurtenances; the construction of bridges and impoundments; the placement of mobile homes; the carrying out of below-ground exploration or drilling operations; and the depositing or extraction of earthen materials.
DISPROPORTIONATE USE. Uses or impacts exceeding the functional design specifications of an existing road, rights-of-way and/or associated structure, or substantially expanding the normal use patterns thereof.
ENCROACHMENT. Any disturbance of a county road rights-of-way.
(1) CLASS 1 ENCROACHMENT. Any short-term encroachment to a county road rights-of-way that results from activities undertaken to construct and connect residential driveways, other private roadways, private parking areas or other private structures affecting or altering the shoulder of a county road rights-of-way, or by the installation of cattle guards in or adjacent to a county road rights-of-way.
(2) CLASS 2 ENCROACHMENT. Any short-term encroachment to a county road rights-of-way caused by grading, construction, reconstruction, surfacing or resurfacing, alignment or realignment, excavation, boring or jetting, cutting of pavement, obstruction, removal of materials, vibroseising, heavy haulage or any other extraordinary or disproportionate use, or use exceeding the function thereof.
(3) CLASS 3 ENCROACHMENT. Any short-term encroachment to a county road rights-of-way for excavating, boring, jetting, cutting of pavement or other disturbance by utilities within county road rights-of-way for the purpose of installing, repairing or maintenance of cables, pipelines and the like. A CLASS 3 ENCROACHMENT also includes any type of Class 2 encroachment that is caused by utilities.
(4) CLASS 4 ANNUAL BLANKET ENCROACHMENT. The applicant has multiple encroachments in multiple locations on one or more county road rights-of-way for a project over the course of one year. This type of permit will alleviate the necessity of obtaining separate performance and completion bonds for each encroachment.
(5) CLASS 5 ENCROACHMENT. Any short-term encroachment to a county road rights-of-way caused by overweight or over length/width vehicles. Overweight, over length and over width vehicles are any vehicles hauling greater than legal loads set forth by the State Department of Transportation.
ENCROACHMENT PERMIT. The written permission given to an applicant by the Supervisor conditionally authorizing an encroachment or a series of encroachments on a county road rights-of-way or rights-of-way and setting forth the detailed requirements, conditions, specifications and limitations thereof.
EXISTING COUNTY ROAD RIGHTS-OF-WAY. Any county road rights-of-way that is recognized by the county as part of the County Road System.
EXTRAORDINARY USE. Includes disproportionate use of a county road rights-of-way as defined herein and any use or impact that is not typical or reasonably contemplated by the county.
HEAVY HAULAGE. A type of encroachment caused when a permit applicant intends to haul a large volume of material on any county road rights-of-way. If HEAVY HAULAGE is contemplated as part of an applicant’s requested encroachment permit, the applicant must first consult with the County Road Department and comply with the Department’s approved hauling routes.
LETTER OF ENCROACHMENT. Such letter, or denial thereof, means a tentative, conditional written approval, or denial, by the Supervisor stating, for each lot shown in a professionally prepared survey plat of a proposed subdivision, whether or not that lot may have an access to and from an existing county road rights-of-way or proposed county road rights-of-way to be dedicated to the county, and if so, whether more than one access will be allowed for each lot, and if so, how many. Whether or not to issue or deny a LETTER OF ENCROACHMENT is considered by the Supervisor only after he or she receives a professionally surveyed plat of a proposed subdivision, which, in the judgment of the Supervisor, is professionally and adequately prepared showing all necessary technical and location specifications to enable the Supervisor to make an informed decision. A LETTER OF ENCROACHMENT is considered and acted upon by the Supervisor prior to, and as a prerequisite for, a landowner’s making an application to the County Planning and Zoning Department for a proposed subdivision. A LETTER OF ENCROACHMENT is not an actual encroachment permit as defined herein, and a LETTER OF ENCROACHMENT is controlled by and subject to the eventual approval or denial of an actual encroachment permit and its terms, conditions and specifications. A LETTER OF ENCROACHMENT does not determine the actual location of each proposed access for a given lot, as that is controlled and subject to the encroachment permit application process and ultimate encroachment permit and its terms, conditions and specifications. The LETTER OF ENCROACHMENT, rather, merely determines for each lot in question whether and how many accesses shall be allowed for each county road rights-of-way or proposed county road rights-of-way that fronts, or may front, the lot. The Planning and Zoning Department may at times require a LETTER OF ENCROACHMENT in the case of a conditional use permit or other land use matters.
LINE. Any pipeline, cable, wire or conduit used by a utility for transmission of its product or services.
MAINTENANCE. Work on a county road rights-of-way which, although constituting an encroachment hereunder, is required to keep the same in good condition, extend its life, repair normal wear and tear, repair, replace or modify existing structures, including, but not limited to, poles, culverts, pipelines, guardrails, signs or other items consistent with the existing condition and design specifications of the roadway.
MUTCD. The most recent edition of the Manual on Uniform Traffic-Control Devices promulgated by the federal Highway Administration of the U.S. Department of Transportation.
NEW CONSTRUCTION. Any activity on or near a county road rights-of-way that changes its current condition or use, including, but not limited to, the installation, realignment, relocation and upgrading of poles, culverts, pipelines, concrete pads, driveway approaches or other objects or structures in, on or under the county road rights-of-way, including any upgrading, construction, reconstruction, surfacing or resurfacing, and any necessary impacts of such activity on the overall county road rights-of-way.
OBSTRUCTION. Any object, or the placement thereof, or any practice, occurrence or development that is deliberately done by a landowner or other person or entity, or carelessly allowed by such persons or entities, which unreasonably impairs the public’s right of passage along a county road rights-of-way, or which damages, degrades or threatens to damage or degrade any county road-rights-of-way. An OBSTRUCTION may include, but is not limited to, gates, the overgrowth of trees and other vegetation, and irrigation practices of adjacent or nearby landowners that cause inundation, flooding or erosion to the surfaces of roads, shoulders, berms and ditches in and along a county road rights-of-way.
OVERWEIGHT, OVER LENGTH AND OVER WIDTH VEHICLES. Any vehicles hauling greater than legal loads set forth by the State Department of Transportation.
PERMITTEE. An applicant who has obtained an encroachment permit from the county.
ROAD IMPROVEMENT. Any surface type upgrade, any other surface work improvement, any road realignment, including vertical and horizontal realignments, any installation of culverts, drains, turnarounds and other road appurtenances and any upgrading, widening, surfacing or relocating of any structures upon any existing county road rights-of-way. ROAD IMPROVEMENT does not include maintenance, repair and resurfacing of existing surface types.
ROADBASE GRAVEL. Well-graded aggregate material that meets the county standards as set forth in this subchapter.
SERVIENT ESTATE. The land owned by a person or entity, including governmental entities, other than the county across which a county road rights-of-way passes, which land is subject to the public’s right of motorized passage by virtue of the county road rights-of-way.
STANDARDS or SPECIFICATIONS. The standards and specifications that are determined and updated from time to time by the Supervisor upon review and approval by the County Commission. Such STANDARDS and SPECIFICATIONS are available for inspection at the County Road Department.
SUPERVISOR. The County Road Department Supervisor or agent whom the Supervisor expressly authorized to exercise the functions of the Supervisor under this subchapter. This term does not permit reliance upon apparent authority, apparent agency or actions by county road employees in general. All pronoun references to the term SUPERVISOR in this subchapter include he or she, as the case may be.
UTILITY. Any entity who provides, through overhead and/or underground pipelines, cables or conduits, public services to supply or transport gas, oil, water, electricity, telecommunications, television/radio signals and fiber optics. UTILITY also means an entity who provides sewer and other wastewater services.
(Ord. 2023-4-1, passed 4-10-2023)