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(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 deteuuuines 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 (3) The request has been withdrawn by the requester.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.
<br /> Section 14-26-8. Control and liability.
<br /> Nothing contained in this article and no action undertaken pursuant to this article shall be
<br /> construed as the County:
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