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TITLE lV:
STREETS, ROADS, PUBLIC WAYS
CHAPTER 1
AREA SERVICE SYSTEM B ROADS
4-1-1 Purpose
4-1-2 Definitions
4-1-3 Powers of the Board
4-1-4 Authority to Establish
4-1-5 Notice of Hearing
4-1-6 Hearing Area Service System B Road
Established by Resolution
4-1-7 Maintenance Policy
4-1-8 Exemption from Liability
4-1-1 Purpose. The purpose of this Ordinance is
to classify certain roads on the area service system in Lee County to
provide for a reduced level of maintenance.
4-1-2 Definitions. For use in this Ordinance,
certain terms or words used herein shall be interpreted or defined as
follows:
1.
"Area Service System" includes
those public roads outside of municipalities not otherwise classified.
a.
"Area Service System A" roads
shall be maintained in conformance with applicable state statutes.
b.
"Area Service System B" roads shall
not require standards of maintenance equal to trunk, trunk collector, or
area service system A roads. Area
Service System B roads shall not mean what is construed in the normal sense
as a driveway or a private lane to a farm building or dwelling.
2.
"Board" shall mean the Board
of Supervisors of Lee County.
3.
"Engineer" shall mean the
County Engineer of Lee County.
4-1-3 Powers
of the Board. All
jurisdiction and control over Area Service System B roads as provided by this
ordinance shall rest with the Board of Supervisors of Lee County.
4-1-4 Authority
to Establish. The Board of
Supervisors of Lee County is empowered under authority of Chapter 309, Code
of Iowa, to classify secondary
roads on the area system to provide for a reduced level of maintenance on
roads so designated. The Board
shall, by resolution, declare its intention to establish an Area Service
System B road in Lee County after consultation with the county engineer.
4-1-5 Notice
of Hearing. The Board shall
fix a time and place for a hearing and cause notice to be published as
provided by law. The notice shall
set forth the termini of the area service system B road as set out in the
resolution of the Board, and shall state that all persons interested may
appear and be heard at such hearing.
4-1-6 Hearing-Area
Service System B Road Established by Resolution. On the day fixed for the hearing or, any day to which
the hearing has been adjourned, upon proof to its satisfaction made by
affidavit of due publication and posting of the notice of hearing, the
Board shall consider any and all relevant evidence and if the Board finds
that the proposed Area Service System B road is practicable, it may
establish it by proper resolution.
4-1-7 Maintenance
Policy. Only the minimum
effort, expense, and attention will be provided to keep area service system
B roads open to traffic. Bridges
may not be maintained to carry legal loads but will be posted as
appropriate to advise of any load limitations. For the various maintenance activities, the minimum
maintenance on Area Service Level B roads will be as follows:
1.
Blading. Blading or dragging will not be performed on a regular basis.
2.
Snow and Ice Removal. Snow and ice will not be removed nor
will the road surface be sanded or salted.
3.
Signing. Except for load limit, posting for bridges signing shall not
be continued or provided. All Area Service Level B roads shall be
identified with a sign at all points of access to warn the public of the
lower level of maintenance.
4.
Weeds, Brush and Trees. Mowing or spraying weeds, cutting brush,
and tree removal will not be performed. Adequate sight distances will not be maintained.
5.
Structures. Bridges and culverts may not be maintained to carry legal
loads. Upon failure or loss, the
replacement structure will be appropriate for the traffic thereon.
6.
Road Surfacing. There will be no surfacing materials applied to area surface system B roads.
7.
Shoulders. Shoulders will not be maintained.
8.
Crown.
A crown will not be maintained.
9.
Repairs. There will be no road repair on a regular basis.
10.
Uniform Width. Uniform width for
the traveled portion of the road
will not be maintained.
11.
Inspections. Regular inspections will not be conducted.
4-1-8 Exemption
from Liability. As provided
in Section 309.57 §6, Code of Iowa, the County and officers, agents, and employees of the County
are not liable for injury to any person or for damage to any vehicle or
equipment, which occurs proximately as a result of the maintenance of a
road which is classified as Area Service System B, if the road has been
maintained as provided in Section 7 of this Ordinance.
Published April 20, 1982
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