Chapter 26

ROADS AND BRIDGES*
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* State Law References: Power to construct and maintain roads, Ga. Const. art. 9, sec. 2, par. 3; probate court's jurisdiction involving the removal of obstructions from roads, O.C.G.A. § 15-9-30.1; Georgia Code of Public Transportation, O.C.G.A. § 32-1-1, et seq.; obstructing, encroaching on, or injuring public roads, O.C.G.A. § 32-6-1; inspection of and reports on roads and bridges by county police, O.C.G.A. § 36-8-6; construction and maintenance of county roads, O.C.G.A. § 36-17-20 et seq.
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Article I. In General
Sec. 26-1. Provisions saved from repeal.
Sec. 26-2. Ditches.
Sec. 26-3. Farm equipment, forest operations.
Sec. 26-4. Liability for damage to water lines, electric cables, etc.
Sec. 26-5. Cutting surfaces prohibited; boring under road surfaces permitted with a proper permit.
Sec. 26-6. Vandalism of signs.
Sec. 26-7. Requests for work.
Sec. 26-8. Acceptance of roads and streets for public dedication and for other purposes.
Secs. 26-9--26-35. Reserved.

Article II. Nonpublic Roadways, Ramps and Driveways
Sec. 26-36. No improvements by county.
Sec. 26-37. Use of county property, equipment, etc.
Sec. 26-38. Connection to public road--Permission required.
Sec. 26-39. Same--Application for permission.
Sec. 26-40. Specifications, requirements.
Sec. 26-41. Consultation with county during construction.
Sec. 26-42. Conformance required for acceptance by county.
Sec. 26-43. Inspection, approval.
Sec. 26-44. Conveyance to county.
Sec. 26-45. No liens or encumbrances at time of conveyance; proof required.
Sec. 26-46. Unlawful connection to public road.
Sec. 26-47. Violations.
Sec. 26-48. Projects not intended for connection to public road exempted from article.
Sec. 26-49. Applicability to temporary and permanent projects.

ARTICLE I.

IN GENERAL

Sec. 26-1. Provisions saved from repeal.

(a) The provisions of the resolution of 10-2-79 governing subdivision development and acceptance of roads for public dedication are not repealed and shall continue in full force and effect pending a revision of the subject matter by the board of commissioners.

(b) An official copy of the provisions described in subsection (a) of this section is on file in the office of the clerk of the board of commissioners.

Sec. 26-2. Ditches.

Ditches are required for proper drainage of county roads. Wherever drainage is indicated, the road department is instructed to open and maintain ditches.
(Res. of 4-8-77)

Sec. 26-3. Farm equipment, forest operations.

(a) Farm equipment must not be used on the road in such a manner as to fill ditches or upset the surface of the road.

(b) Forest operations are prohibited from dragging timber across roads or ditches or down the length of the ditch. Operators must remove pulpwood blocks and limbs from the public right-of-way, whenever they have an operation joining county roads.
(Res. of 4-8-77)

Sec. 26-4. Liability for damage to water lines, electric cables, etc.

The county will not be responsible for damage to water lines, electric cables or other installations put on the public right-of-way.
(Res. of 4-8-77)

Sec. 26-5. Cutting surfaces prohibited; boring under road surfaces permitted with a proper permit.

Paved roadway surfaces shall not be cut for the purpose of installing water lines, electric cables or other installations which traversed a paved roadway surface. Paved roadway surfaces may be traversed for the purpose of installing water lines, electric cables, or other utility installations or for any other purpose by boring underneath the paved surface. Before a boring can be made under a paved roadway surface, an application must be made to the county administrator, approval granted and a written permit given for the bore and the proper requirements for such bore.
(Res. of 4-8-77; Ord. of 2-3-97, § 1)

Sec. 26-6. Vandalism of signs.

Highway signs are put up for public safety. Citizens are asked to help with maintenance and to report any vandalism so that criminal cases can be made.
(Res. of 4-8-77)

Sec. 26-7. Requests for work.

The public is reminded that road department workers are on scheduled work and receive their work orders from the department superintendent. Any request for work by these people should be directed to the road superintendent or the county administrator.
(Res. of 4-8-77)

Sec. 26-8. Acceptance of roads and streets for public dedication and for other purposes.

(a) Purpose. This section is enacted for the purpose of establishing standard procedures and criteria by which roads will be accepted as public roads by the county.

(b) General requirements. The governing authority shall not from this date forward accept for improvement any road which is located within a wetland area or which would impact a wetland area as defined by federal and/or state law.
(Ord. of 6-1-98, §§ I, II)

Secs. 26-9--26-35. Reserved.

ARTICLE II.

NONPUBLIC ROADWAYS, RAMPS AND DRIVEWAYS

Sec. 26-36. No improvements by county.

The county shall not cut, grade, build or improve any roadways, ramps or driveways across nonpublic property.
(Ord. of 12-5-89, § 1)

Sec. 26-37. Use of county property, equipment, etc.

The county shall neither furnish free of charge nor sell, lease or rent any county property, including dirt, pipe, labor, equipment or machinery, for the construction, repair, maintenance or improvement of roadways, ramps, or driveways on or across nonpublic property.
(Ord. of 12-5-89, § 2)

Sec. 26-38. Connection to public road--Permission required.

Any person desiring to build a private roadway, ramp or drive which is to join or connect with a public road in the county shall first obtain written permission from the board of commissioners prior to joining or connecting the nonpublic roadway or drive to a public road.
(Ord. of 12-5-89, § 3)

Sec. 26-39. Same--Application for permission.

Any person desiring to join or connect a nonpublic roadway, ramp or drive to or with a public road in the county shall first apply in writing to the board of commissioners on a form, as prescribed from time to time by the board, setting forth the following information and any other information which may be required by the board from time to time:

(1) Name.

(2) Street.

(3) Mailing address.

(4) Telephone number, both home and business.

(5) Name or location of public road or street with which applicant desires to join or connect.

(6) Description of nonpublic roadway, ramp or drive applicant desires to build, including construction materials, length, width and drainage measures.

(7) The type, size and total length of pipe to be used in the ramp.
(Ord. of 12-5-89, § 4)

Sec. 26-40. Specifications, requirements.

Each nonpublic roadway, drive and ramp in this county must be constructed in a workmanshiplike manner, taking into consideration the terrain, soil type and anticipated usage. In addition, each nonpublic roadway, drive and ramp must meet as a minimum the following specifications and requirements:

(1) Roadbeds must be graded a minimum of 30 feet in width.

(2) All ramps constructed to join or connect a nonpublic driveway with a public or nonpublic roadway must be at least 20 feet wide if the nonpublic roadway or drive is a private driveway for a private single-family residence, and 30 feet wide if the nonpublic roadway is for any other purpose other than a driveway for a private single-family residence.

(3) The roadway, drive or ramp must be constructed of materials normally suitable for the type of roadway, driveway or ramp being constructed and must comply or meet with the standards of the current edition of the state department of transportation standard specifications or such other standards which the board may adopt from time to time without the necessity of amending this article.

(4) Ditches, pipe and other water drainage and runoff measures will be provided and installed by applicant for each such roadway, ramp and drive, as required to adequately drain and protect such roadway, ramp or drive, as well as the adjoining public and private roadways which will be affected by the water runoff from such nonpublic roadway, ramp, or drive. The final resolution of such drainage measures must also provide for the protection from any potential runoff damage to any then proposed streets or roadways which may be subsequently affected by the water runoff from such nonpublic roadway, ramp or drive.

(5) Construction of the roadway, driveway or ramp shall not interfere with, impede or create a hazard to existing drainage or traffic.

(6) All work will be required to be performed in such a manner as not to present the county with an inferior or substandard roadway which would result in additional expenditures or undue future maintenance by the county.

(7) Paving is not mandatory. However, if paving is to be done, the roadway, drive and/or ramp must comply with all requirements of the state department of transportation standard specifications relating to paved county roads.

(8) Upon request of an applicant and if the board of commissioners determines it to be in the best interests of the public, the county may construct a ramp from a public right-of-way to the edge of applicant's private property, providing applicant pays in advance for one-half cost of the pipe to be used. The county will not construct ramps from on or across nonpublic property or from nonpublic roadways.

(9) All pipe and other materials used by a landowner or applicant in the construction of a ramp, drive or roadway which is on, or subsequently becomes a part of, a public right-of-way become the property of the county and may not be removed by the applicant or landowner, regardless of whether the pipe or other materials were furnished by the landowner or the county.

(10) The location of the point of connection or joining with a public road must be first approved by the board of commissioners or its authorized representative.
(Ord. of 12-5-89, § 5)

Sec. 26-41. Consultation with county during construction.

The landowner, applicant or contractor under this article should consult with the board of commissioners or its authorized representative, as needed, during the construction of any roadway, drive or ramp if there is any question regarding compliance with this article.
(Ord. of 12-5-89, § 6)

Sec. 26-42. Conformance required for acceptance by county.

No nonpublic ramp, drive or roadway will be accepted by the county if it fails to conform with the specifications provided by this article, as it now exists or is hereafter amended.
(Ord. of 12-5-89, § 7)

Sec. 26-43. Inspection, approval.

All nonpublic ramps, drives and roadways must be inspected by the road superintendent or some other official designated by the board of commissioners prior to final approval. Approval will not be unreasonably withheld.
(Ord. of 12-5-89, § 8)

Sec. 26-44. Conveyance to county.

Once the nonpublic ramp, drive and/or roadway has been completed by the applicant and accepted by the board of commissioners, the applicant or owner may convey the ramp, drive and/or road to the county. The county shall refuse to accept such ramp, drive and/or roadway if it does not comply with the requirements of this article.
(Ord. of 12-5-89, § 9)

Sec. 26-45. No liens or encumbrances at time of conveyance; proof required.

Any ramp, drive and/or roadway conveyed to the county pursuant to this article must be free of all liens and encumbrances at the time of conveyance to the county, and proof of such must be furnished to the county prior to its acceptance of such ramp, drive and/or roadway.
(Ord. of 12-5-89, § 10)

Sec. 26-46. Unlawful connection to public road.

It shall be unlawful for any person to join or connect any nonpublic ramp, roadway or drive to or with a public road or street in this county without first complying with the foregoing provisions of this article.
(Ord. of 12-5-89, § 11)

Sec. 26-47. Violations.

Violators of this article shall be guilty of a misdemeanor and, upon conviction of any such violation, shall be punished as provided in section 1-12.
(Ord. of 12-5-89, § 12)

Sec. 26-48. Projects not intended for connection to public road exempted from article.

This article does not apply to the construction or improvement of nonpublic roadways and drives which are not to become, to be joined to or connected with a public road or street.
(Ord. of 12-5-89, § 13)

Sec. 26-49. Applicability to temporary and permanent projects.

This article shall apply to the construction of both temporary and permanent nonpublic ramps, drives and roadways if they are to be joined or connected with a public road.
(Ord. of 12-5-89, § 14)