Chapter 12.10
AREA SERVICE “C” ROAD MAINTENANCE
Sections:
12.10.080 Powers of the Board.
12.10.090 Exemption from liability.
12.10.010 Purpose.
The purpose of this chapter is to classify certain roads on the area service system in the County as area service “C” roads so as to provide for a reduced level of maintenance effort and restricted access, pursuant to Iowa Code Section 309.57. [Ord. 111 § 1, 2010.]
12.10.020 Definitions.
For use in this chapter, certain terms or words used herein shall be interpreted or defined as follows:
“Area service system” includes those public roads outside of municipalities not otherwise classified.
A. “Area service system ‘A’ roads” shall be maintained in conformance with applicable state statutes.
B. “Area service system ‘C’ roads” shall not require standards maintenance equal to farm to market, or area service system A roads. “Area service system ‘C’ roads” shall not mean what is construed in the normal sense as a driveway or private lane to a farm building or dwelling.
“Board” shall mean the Board of Supervisors of Black Hawk County.
“County” shall mean Black Hawk County.
“Engineer” shall mean the County Engineer of Black Hawk County. [Ord. 111 § 2, 2010.]
12.10.030 How established.
A. Resolution. Roads may only be classified as area service “C” by resolution of the Board. The resolution shall specify the level of maintenance effort and the persons who will have access rights to the road.
B. Notice of Action. Before the Board may take action to establish an area service “C” road, a notice of the proposed action, including the location of the area service “C” road and the time and place of the meeting at which the Board proposes to take action on the petition, shall be published as provided by law.
C. Board Action. At the meeting, the Board shall receive oral or written comments from any resident or property owner of the County.
After all comments have been received and considered, the Board, at that meeting or date to which it is adjourned, may take action after consultation with the County Engineer. [Ord. 111 § 3, 2010.]
12.10.040 Access.
Access to any area service “C” road shall be restricted by means of a gate or other barrier, as determined by the County Engineer. The gate shall be purchased and installed by the County, and maintained by the adjoining landowners. If not so maintained, the County may remove the gate. [Ord. 111 § 4, 2010.]
12.10.050 Signs.
Area service “C” roads shall have signs conforming to the Iowa Signing Manual per 761 Iowa Administrative Code (IAC) Chapter 130. The signs shall be installed and maintained by the County at all access points to the area service “C” roads from other public roads to warn the public that access is limited. [Ord. 111 § 5, 2010.]
12.10.060 Trespass.
Entering an area service “C” road without justification after being notified or requested to abstain from entering or to remove or vacate the road by any person lawfully allowed access shall be a trespass as defined in Iowa Code Section 716.7. [Ord. 111 § 6, 2010.]
12.10.070 Reclassification.
A road with an area service “C” classification shall retain the classification until such time as a petition for reclassification is submitted to the Board. The petition shall be signed by one or more adjoining landowners. The Board shall approve or deny the request for reclassification within 60 days of receipt of the petition. [Ord. 111 § 7, 2010.]
12.10.080 Powers of the Board.
All jurisdiction and control over area service “C” roads shall rest with the Board, pursuant to Iowa Code Section 309.57. [Ord. 111 § 8, 2010.]
12.10.090 Exemption from liability.
As provided in Iowa Code Section 309.57, the County and officers, agents and employees of the County are not liable for injury to any person or for damage to any vehicle or equipment which occurs approximately as a result of the maintenance of a road which is classified as area service “C,” if the road has been maintained to the level of maintenance effort described in the establishing resolution. [Ord. 111 § 9, 2010.]