BIL 063 Draft 01 2022-2024 - Laserfiche WebLink

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(9) Maintenance of the road surface is necessary to protect the safety of motorists, bicyclists, and pedestrians or is otherwise in the public interest; and (10) The road does not suffer such design defects as to make use of the road hazardous to the general public. Section 14-_. Process to request maintenance of private, nondedicated, and non- surrendered roads. (a) Persons collectively owning a sixty percent or greater interest in the fee title or an appropriate roadway easement in a private, nondedicated, and non-surrendered road may initiate and submit a written request to the director for the maintenance of the road. If the director determines that the private, nondedicated, and non-surrendered road satisfies the criteria set forth in this article,the director may, subject to the availability of appropriations, proceed to maintain the road, provided that the persons having the right to control the use of the road submit their written approval of the maintenance work. (b) The persons having the right to control the use of the private, nondedicated, and non-surrendered road must agree to such terms, conditions, and covenants as may be determined by the director to be for the convenience and protection of the County and the public, including the granting of necessary easements; provided that the persons having the right to control the use of the road must agree that for as long as the city maintains the road surface or for the period of time specified in the agreement, whichever is longer, they shall: (1) Keep the road open to the general public; and (2) Keep the road, and any adjacent sidewalk areas, free of obstructions and clear of debris that would prevent the safe passage of motorists, bicyclists, and pedestrians. (c) The requirement for a written request, approval, and agreement will not apply, however, to: (1) a road over which the department exercises surface maintenance responsibilities on the day prior to December 19, 1996; or (2) a road that the County determines has been dedicated by implication to public use for roadway purposes. (d) Nothing contained in this article shall be construed as prohibiting the director from requiring a written approval and agreement for new maintenance work on roads over which the department exercises surface maintenance responsibilities on the day prior to December 19, 1996, if the director determines that such an agreement is in the best interests of the County. 4