§ 11-95. Requirements for improving off-site roads.

(a)

Existing County roads: When a proposed land development causes a need for improvements to off-site roads and dedication of right-of-way, the developer shall be responsible in conformance with County standards for the following:

(1)

In all cases, for the entire length of the proposed land development, the developer shall dedicate a minimum of thirty (30) feet of right-of-way measured from the centerline of the existing County road. For unusual alignment or terrain conditions, the Planning Board and/or County Judge may require a greater width of right-of-way dedication. The required width of right-of-way dedication shall be determined during the Preliminary Plat review and approval stage; in any event said dedication must bear a reasonable relationship to the needs created by the proposes land development.

When the proposed development is of a size and magnitude to show cause for additional off-site road improvements that the County does not have in its annual Plan, any off-site road shall be improved by and at the expense of the Developer in accordance with County standards; subject to the reasonable relationship test as stated above.

(2)

The road improvement cost shall include, but not be limited to, the costs of right-of-way clearing, roadway excavation and embankment, bridges, pipe and box culverts, roadway shaping, drainage blankets, base, paving, utility adjustments, and miscellaneous items. The Developer's proportionate share of the road improvements costs shall bear a reasonable relationship to the needs created by the land development.

(3)

The type of road improvement shall be based on the Washington County Policy for Improving County Roads. The Developer's proportionate share of the cost of improving the County road shall be determined by the County Road Superintendent based on the reasonable relationship test set out above.

(4)

The Washington County Policy for Improving County Roads is as follows: Depending on the road classification, surface type, surface width and condition, traffic, terrain, alignment, drainage and budget, one (1) of the following types of improvements shall be made:

a.

Patching and bituminous surface treatment within existing right-of-way with some possible alignment and drainage work; or

b.

Patching and hot mix overlay within existing right-of-way with some possible drainage and alignment work; or

c.

Reconstruction of the road to the County standards, involving right-of-way clearing, drainage structures, shaping roadway, drainage blankets, base, paving and miscellaneous items. Paving shall be waived for developments not meeting the criteria noted below for paved roads. Paving, if required, shall consist of a double bituminous surface treatment or asphalt hot mix surface course. Paved roads are required in all developments except for those which qualify to be built as private roads.

(5)

The required off-site improvements and the developer's proportionate share of the cost shall be determined at the Preliminary Plat review and approval stage.

(6)

It shall be the responsibility of the Developer to acquire and dedicate any necessary right-of-way subject to the reasonable relationship test set out above.

(7)

It shall be the responsibility for the Developer's Engineer to certify that the proposal of the Developer regarding roads with be adequate based on a traffic study and minimum standards of the County subject to review of an Engineer retained by the County Judge, at the expense of the Developer.

(b)

Existing private roads: When a proposed land development has direct access to or fronts on an existing private road, the developer shall be responsible for the following:

(1)

If the entire length of the drive serves four (4) or fewer single-family residential lots, counting both existing lots and those proposed, the portion of the private road connecting the proposed lots to the county road must be a thirty-foot right-of-way.

(2)

If the entire length of the drive serves five (5) to ten (10) single-family residential lots, counting both existing lots and those proposed, the portion of the private road connecting the proposed lots to the county road must meet the specifications noted below. Before final plat approval, the Road Superintendent shall visually inspect the road to ensure that general compliance with the specifications noted below have been met:

a.

Fifty-foot road right-of-way;

b.

Fourteen-foot road wide road surface with eight-inch compacted SB-2, or six-inch compacted SB-2 on a prepared subgrade;

c.

Four-foot shoulder;

d.

Four-foot ditch;

e.

Twelve (12) percent maximum grade;

f.

Fifty-foot minimum cul-de-sac radius at the end;

g.

Drainage provided with adequate pipes and culverts as necessary.

(3)

If the entire length of the drive serves more than ten (10) single-family residential lots, counting both existing lots and those proposed, the portion of the private road connecting the proposed lots to the county road must be constructed to the county standard and will be accepted for maintenance, thereafter, by the county.

(4)

In cases 1 and 2 above, a development that utilizes, in whole or in part, a private road for access shall be referred to as a "Private Road Development" or "PRD."

(5)

In cases 1 and 2 above, the plat shall note, in a noticeable fashion, the following, "NOTICE: THIS ROAD IS NOT CONSTRUCTED TO THE COUNTY STANDARD. THE MAINTENANCE OF THE ROAD IS THE RESPONSIBILITY OF THE CURRENT AND FUTURE PROPERTY OWNERS. THE ROAD WILL NOT BE ACCEPTED FOR MAINTENANCE BY THE COUNTY UNTIL IT IS CONSTRUCTED TO THE COUNTY STANDARD AT THE EXPENSE OF THE PROPERTY OWNERS."

(6)

In cases where the private road easement serves at least three (3) homes and is at least five hundred (500) feet in length (measured from the intersection of the County/Public Road ROW to the furthest existing or proposed residential structure), the following shall be applicable:

a.

The developer shall be responsible for paying the county road department for the purchase and installation of a sign indicating that the road is maintained by the property owners.

b.

The developer shall file for public record a "Private Road Maintenance Disclosure Statement" (provided in Part II, Technical Provisions, Appendix C).

c.

All new private road land developments must have their proposed private roads named according to 9-1-1 procedure (submittal and approval of the proper paperwork through the 9-1-1 Operations Office) prior to the final plat approval. The private road developer or Applicant shall be responsible for erecting the street sign stating the name of the private road prior to final plat approval. The sign placement must be inspected by the 9-1-1 Operations Office or the County Planning Office, and be in accordance with U. S. Department of Transportation Manual on Uniform Traffic Control Devises.

(Ord. No. 91-9, Art. 1, § 3.10, 4-11-91; Ord. No. 99-32, Art. 1, 7-8-99; Ord. No. 2006-32, Art. 1, 6-8-06; Ord. No. 2006-47, Art. 2, 8-10-06; Ord. No. 2008-19, Art. 2, 4-15-08; Ord. No. 2010-74, Art. 1, 12-16-10)