Chapter 12.24
APPROACHES TO COUNTY ROADS
Sections:
12.24.020 Permit—Bond or deposit.
12.24.030 Responsibility for costs.
12.24.040 Standards, rules and regulations.
12.24.050 County action upon noncompliance or abandonment.
12.24.060 Prohibited right-of-way occupancy or use.
12.24.070 Correction of improper construction.
12.24.010 Compliance.
The construction of all approaches to county roads in the county shall comply with this chapter and with Chapter 4, Laws of 1963, Sections 36.75.130, 36.75.140 and 36.75.150. (Res. 77-33 (part))
12.24.020 Permit—Bond or deposit.
A. No new approach to any county road shall be constructed and no alteration shall be effected on any existing approach to a county road unless and until the person benefited by or desiring such approach has filed with the county road department a request for permit on a form which will be provided; except, that the county may alter or improve any existing approach to a county road when such alteration or improvement is necessary to the proper maintenance of the county road.
B. A bond (or cash deposit) shall be required in an amount to be determined by the engineer. Such bond (cash deposit) shall accompany each application, whether the work is to be done by the applicant or by the county, and will retained until the work is approved by the engineer. (Res. 77-33 § 1)
12.24.030 Responsibility for costs.
All costs of construction of approaches to any county road shall be at the expense of the person benefited by or desiring such approach and all work shall be done in accordance with specific requirements stipulated by the board and issued by the county road department. (Res. 77-33 § 2)
12.24.040 Standards, rules and regulations.
The county engineer shall prepare, for adoption by the board of county commissioners, detailed road standards, rules and regulations, in accordance with the policies in this chapter, to govern permitted uses or occupancies of county road rights-of-way and the construction and maintenance of any approach or any other nonutility-type facility, thing or appurtenance on county road rights-of-way. (Res. 77-33 § 3)
12.24.050 County action upon noncompliance or abandonment.
Upon failure of the permittee to construct, use, occupy or maintain the particular approach, facility, thing or appurtenance in accordance with the provisions of the permit issued therefor, or if abandoned, the county engineer may take the following actions:
A. Notify the permittee verbally if possible and by first-class letter or, if the permittee is unavailable, post a notice of noncompliance at the site.
B. If, thirty days after written notice or posting, the noncompliance has not been corrected or if abandonment has continued, the county engineer may remove or bring into compliance all installations upon the right-of-way at the expense of the permittee, which expense may be recovered from the permittee for the county. (Res. 77-33 § 4)
12.24.060 Prohibited right-of-way occupancy or use.
County road rights-of-way may not be occupied or used for farming or farming operations, conducting business, loading or unloading areas, servicing of vehicles, private parallel irrigation facilities, except as may be allowed in right-of-way acquisition negotiations or through duly issued franchise, temporary or permanent storage of irrigation pipe, containers, equipment, vehicles, recreational vehicles, or products, byproducts, wastes or debris of any kind from any industrial, commercial or farm operations, construction of septic tanks, drainfields, cesspools, and any and all other uses or occupancies that are owned or operated by others than the county, except that franchised utilities may occupy such rights-of-way in accordance with adopted policies, and except that limited uses or occupancies may be permitted where such use or occupancy is, in the opinion of the county engineer, of benefit to the administration and maintenance of the county road system. (Ord. TLS 03-01-01B Exh. B (part): Res. 77-33 § 5)
12.24.070 Correction of improper construction.
Approaches improperly constructed shall be corrected at the expense of the person benefited by or desiring the approach. (Res. 77-33 § 6)