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(5) An update regarding the status of requests identified as feasible in prior calendar
<br />years that have not yet been granted.
<br />(e) If sufficient appropriations and necessary resources for a road on the list of feasible
<br />requests become available, the requester must submit written approval of the proposed
<br />improvement, grading, repair, or construction work that has been determined by the
<br />director to be appropriate. Further the requester shall agree to such terms, conditions, and
<br />covenants as may be determined by the director to be required for the convenience and
<br />protection of the County and the public, including but not limited to, the granting of
<br />necessary licenses, rights of entry, and easements.
<br />(f) The requirement for a written request, approval, and agreement will not apply, however, to:
<br />(1) A road over which the department exercises surface maintenance responsibilities on
<br />the day prior to the effective date of this ordinance; or
<br />(2) A road that the County determines has been dedicated by implication to public use for
<br />roadway purposes.
<br />(g) Nothing contained in this article shall be construed as prohibiting the director from
<br />requiring a written approval and agreement for work undertaken pursuant to this article.
<br />Section 14-26-7. Discontinuance of County assistance to improve, grade, repair, or do
<br />construction work upon a private, nondedicated, and non -surrendered
<br />road.
<br />(a) The director may immediately discontinue County assistance to improve, grade, repair, or
<br />do construction work upon a specific private, nondedicated, and non -surrendered road, if
<br />the director determines that:
<br />(1) Such road no longer meets all criteria set forth in this article;
<br />(2) The requested work is no longer feasible, pursuant to section 14-26-6(b)(4); or
<br />(3) The request has been withdrawn by the requester.
<br />(b) Prior to discontinuing any improvement, grading, repair, or construction work upon any
<br />private, nondedicated, and non -surrendered road, the director shall provide the requester
<br />with written notice in advance of such proposed action.
<br />(c) Where assistance is discontinued because the road has been signed, marked, delineated,
<br />fenced, barricaded, or otherwise designed, constructed, or operated to exclude the general
<br />public, in whole or in part, the director is authorized to:
<br />(1) Recover removable fixtures and materials, if any, installed by the County, and to
<br />recover from the requester the value of the fixtures or materials left in place; and
<br />(2) Recover from the requester the total cost incurred by the County for paving or other
<br />improvement, grading, repair, or construction work done pursuant to this article
<br />within the five-year period preceding the closure of the road to the public. The
<br />requester may avoid liability for the costs by making signage, design, construction,
<br />operational, or other changes, or any necessary combination thereof, to again open the
<br />road to the general public and meet all criteria set forth in this article.
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