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Section 14-_. Control and liability. <br /> (a) The County shall neither be responsible nor liable for any personal injuries or <br /> property damage arising from the design or maintenance,pursuant to this article, of <br /> any private, nondedicated, and non-surrendered road. Further, the County makes no <br /> representation as to the safety or suitability of roads, maintained pursuant to this <br /> article, for public vehicular or nonvehicular transportation. <br /> l <br /> (b) Nothing contained in this article and no action undertaken pursuant to this article a <br /> i <br /> shall be construed as adoption, acceptance, or approval of a private, nondedicated, <br /> and non-surrendered road as a public highway. <br /> Section 14-_. Criteria for maintenance of private, nondedicated, and non- <br /> surrendered roads. <br /> Subject to the availability of appropriations, the department may maintain by either <br /> remedial patching,resurfacing, or paving those portions of private, nondedicated, and <br /> non-surrendered roads that have been determined by the director, to meet the following <br /> criteria: <br /> (1) The road has not been dedicated or surrendered to the County or any other <br /> governmental entity, and is not otherwise owned by the County or any other <br /> governmental entity; <br /> (2) The road is not maintained by any governmental entity other than the County <br /> pursuant to this article; <br /> (3) The road is open to, serves, and benefits the general public; <br /> (4) The road is not signed, marked, delineated, fenced, barricaded, or otherwise <br /> designed, constructed, or operated to exclude access by the general public, in <br /> whole or in part, which may be through such means as signs indicating that <br /> the road is a"private"road, or any restrictions on parking that are not <br /> applicable to all persons except as otherwise provided by law; <br /> (5) The road directly serves: <br /> (A) Fifty or more contiguous parcels; <br /> (B) Fifty or more residential structures; or <br /> (C) A parcel of land which has two or more condominium buildings or <br /> apartment buildings that contain twenty-four or more condominium or <br /> apartment units; <br /> (6) The road is not part of a cluster plan development, planned development, or <br /> similar type of development; <br /> (7) Maintenance of the road by the County will be practicable and safe; <br /> (8) The developer or subdivider of the road has not agreed to maintain the road in <br /> perpetuity; <br /> 3 <br />