§ 38-225. Road maintenance policy adopted.

The county adopts the following as policy governing the maintenance of existing roads and drainage in the county and sets forth policy governing future roads and drainage as may be developed in accordance with the county's subdivision ordinance:

(1)

Installation of drainage lines at driveway entrances. Provisions for the installation of drainage lines at driveway entrances shall be as follows:

a.

The county shall install proper drainage lines at private driveway entrances to a county right-of-way to eliminate, insofar as practical, drainage problems within the right-of-way as identified by the county public works director. The individual landowner shall pay for the cost of the materials and the county will install the pipe at no charge.

b.

In subdivisions falling under the requirements of the county subdivision regulations, drainage lines at driveway entrances are considered part of the overall drainage system; accordingly, it is the responsibility of the developer to install driveway pipes in a manner acceptable to the director of public works.

c.

The state highway department will maintain roads and drainage under their control.

d.

The public works department may install additional driveway entrances when approved by the county engineer or county administrator, and the individual landowner pays for the cost of the pipe and an installation charge as set by the administrator.

(2)

Work by county off county right-of-way generally. Any work done by the county off a county right-of-way may be done for the sole purpose of correcting a situation found to be detrimental to a county road or bridge and thereby affecting the safety of the traveling public. Such off county right-of-way work may include, but is not limited to, channel improvement, sight distance obstruction removal or waste soil stockpile on adjacent private property upon negotiation of appropriate agreements with the affected property owner.

(3)

Piping of ditches running along county roadsides. Provisions for the piping of ditches running along county roadsides shall be as follows:

a.

If the enclosure of the ditch will materially benefit a county road or bridge, the county may, in order to protect a county road or bridge and to ensure safety to the traveling public, install such pipe at the county's expense. If such pipe is to be installed at county expense, the county administrator shall require the county engineer to certify the need for the enclosure of the ditch.

b.

Private citizens may pipe ditches running along county roadside themselves, when approved by the county engineer, after obtaining an encroachment permit from the public works department. Said citizens will be responsible for purchasing the pipe and installing such piping.

(4)

Maintenance of dedicated drainage easements. The maintenance of drainage structures shall be limited to the work necessary to ensure the proper flow of water within the structure. This work shall include repairs to damaged pipes and the removal of sedimentation and vegetation which impedes the proper flow of water within a structure as determined by the director of public works. The cutting of vegetation and removal of foreign material from a drainage structure for aesthetic purposes shall be the responsibility of the adjacent landowners. This maintenance effort will apply to all drainage structures that are a part of the overall drainage plan of a subdivision as required by the county subdivision ordinance and duly accepted by county council. The county may also provide labor and equipment to perform drainage maintenance required to provide for the free flow of surface water from a county road. This work shall be accomplished on a county right-of-way or on private property after a properly executed easement, signed by all such owners, is filed in the public works director's office. In order that the county administrator may monitor drainage work not included in an approved subdivision, the public works director shall submit a monthly report to the county administrator describing the location and the work completed.

(5)

Improvement by county of property owned by government agencies. Property owned by any government agency may be improved by the county; provided that such government agency makes such request in writing to the director of public works and satisfies the county administrator or its willingness and ability to pay for all materials used in such improvements. Such work must be approved by the public works director, and such authority must be obtained from the county administrator to proceed with such work on non-county property.

(6)

County responsible for historic cemeteries. The county will also be responsible for maintenance of roads providing access to historic cemeteries as approved by the county council.

(7)

Use of dirt removed from ditches. The public works director in cleaning ditches will dispose of any excess dirt in the most beneficial manner to the county.

(8)

Emergency use of county labor, equipment and material. The public works director is authorized to use county labor, equipment and material for the purpose of meeting emergencies that may exist and that, in the opinion of the public works director, warrant the use of such equipment, labor and material in protecting the property or lives of people in the county. The public works director shall file a verbal report with the county administrator within 24 hours and a written report within five days after such work is completed, showing the nature of the emergency and the amount of materials used.

(9)

Driveways or walkways in school districts. The public works director is authorized to maintain any driveway or walkway for any county school district with county equipment; provided that the school district furnishes any necessary materials for the work to be done.

(10)

Dirt road maintenance. The county shall not accept for maintenance any dirt road, whether new or existing, unless one of the following is adhered to:

a.

The right-of-way has been previously deeded to and accepted by the county.

b.

The roads have been constructed as provided for in the requirements of the subdivision ordinance.

c.

The road meets the criteria of the standards in section 38-226.

(11)

Creation of new subdivisions with privately maintained streets. The county subdivision regulations shall continue to allow the creation of new subdivisions with privately maintained streets. Should these streets be added to the county system at any time in the future, they will be accepted only after being brought up to the current county standards for public streets.

(12)

Duties of director of public works. The director of public works shall inspect all roads constructed under the rules and regulations of the county subdivision regulations. The director of public works shall obtain right-of-way easements for all roads and associated drainage prior to final acceptance of the improvements for maintenance by county council.

(13)

Mail routes and school bus routes. The county may maintain all school bus routes and U.S. mail routes as long as they meet county standards.

(14)

Maintenance of drainage canals. The county public works department may maintain any drainage canal which the public works director or road foreman deems a health or safety hazard to any of the citizens of the county.

(15)

Ingress/egress over private driveways during or for emergencies. The chairman of the county council is authorized to provide ingress/egress over private driveways when an emergency exists, and when a request to do so and certification is signed by a licensed funeral director (when access to a body is not possible) or a licensed medical doctor (for medical reasons). The public works director is to furnish the county council, within five working days, a statement showing name of owner, address, certified letter, and materials used.

(Ord. No. 97-12, § I, 4-7-1997)