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Section 14-26-4. Eligibility criteria to be considered.
<br /> Subject to the availability of appropriations and necessary resources, the department may
<br /> improve, grade, repair, or do construction work by remedial patching, resurfacing,paving, or
<br /> installation of signs, marking, and lighting, upon those portions of private, nondedicated, and
<br /> non-surrendered roads that have been determined by the director to meet the following criteria:
<br /> (1) The subject 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 subject road is not maintained by any governmental entity other than the County
<br /> pursuant to this article;
<br /> (3) The subject road is open to, serves, and benefits the general public;
<br /> (4) The subject road is not signed, marked, delineated, fenced, barricaded, or otherwise
<br /> designed, constructed, or operated to exclude access by the general public, in whole
<br /> or in part, which may be through such means as signs indicating that the road is a
<br /> "private"road, or any restrictions on parking that are not applicable to all persons
<br /> except as otherwise provided by law;
<br /> (5) The subject road directly serves one of the following:
<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 apartment
<br /> buildings that contain twenty-four or more condominium or apartment units;
<br /> (6) The subject road is not part of a cluster plan development,planned unit development,
<br /> or similar type of development;
<br /> (7) Improving, grading, repairing, or construction work upon the subject road by the
<br /> County will be practicable and safe;
<br /> (8) The developer or subdivider of the subject road has not agreed to maintain the subject
<br /> road in perpetuity;
<br /> (9) Improvement, grading, repair, or construction work upon the subject road surface will
<br /> increase the safety of motorists, bicyclists, and pedestrians or is otherwise in the
<br /> public interest;
<br /> (10) The requesters demonstrate a lack of ability to improve, grade, repair, or perform the
<br /> construction work requested pursuant to section 14-26-6 and supply documentation to
<br /> this effect;
<br /> (11) The subject road does not suffer such design defects as to make use of the subject
<br /> road hazardous to the general public regardless of improvement, grading, repair, or
<br /> construction work; and
<br /> (12) The County is provided legal access and right of entry to work within the roadways
<br /> and adjacent areas necessary to complete the work.
<br /> Section 14-26-5. Allowable work upon private, nondedicated, and non-surrendered roads.
<br /> (a) Paved private, nondedicated, and non-surrendered roads shall be improved, graded, or
<br /> repaired by:
<br /> (1) Remedial patching with like materials, for example:
<br /> (A) Asphalt concrete shall be used for asphalt concrete paved roads;
<br /> (B) Portland cement concrete or asphalt concrete, as determined by the director,
<br /> shall be used for Portland cement concrete paved roads; or
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