Tama County Ordinance #1-2-2008D

 

AREA SERVICE ‘C’ ROAD MAINTENANCE ORDINANCE

 

Title: An Ordinance Establishing the Area Service ‘C’ Road Classification in Tama County, Iowa.

 

Section 1. PURPOSE

 

The purpose of this ordinance is to classify certain roads on the area service system in the county as Area Service ‘C’ roads so as to provide for a reduced level of maintenance effort and restricted access, pursuant to Iowa Code Section 309.57.

 

Section 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 ‘A’ System” roads shall be maintained in conformance with applicable statutes of the State of Iowa.

 

b.      “Area Service ‘C’ System” roads shall not require standard maintenance equal to farm-to-market or other Area Service ‘A’ roads. Area Service ‘C’ System roads shall not mean what is construed in the normal sense as a driveway or private lane to a farm building or dwelling.

 

2.      “Board” shall mean the Board of Supervisors of Tama County.

 

3.      “Engineer shall mean the County Engineer of Tama County.

 

4.      “County” shall mean Tama County.

 

Section 3. HOW ESTABLISHED

 

1.      Roads may only be classified as Area Service ‘C’ by resolution of the Board.

 

2.      The County Engineer must make a request to the Board to reclassify a road to Area Service ‘C’.

 

3.      Before the Board may take action on a request to establish an Area Service ‘C’ road, a notice of the proposed action, including the location of the Area Service ‘C’ road and the time and place of the meeting at which the Board proposes to take action on the request, shall be published in the official news outlets of the Board, and in conformance with State law. Adjacent landowners will be sent notification by certified mail.

 

4.      At the meeting, the Board shall receive oral or written comments from any resident or property owner of the County. After all comments have been received and considered and after consultation with the County Engineer, the Board may take action on the request at that meeting or at a later specified date.

 

Section 4. ACCESS

 

Access to any Area Service ‘C’ road shall be restricted by means of a gate or other barrier, as determined by the County Engineer. The gate shall be purchased and installed by the County, and maintained by the adjoining landowners. If not so maintained, the County may remove the gate and modify the classification of the road. The landowners must provide their own lock. Keys will be given to each of the landowners if the gate is locked, as well as to any maintenance personnel employed by the County, emergency and law enforcement personnel, and any other parties who have a verified interest in accessing the road. If landowners wish to allow other parties access to the road (e.g., renters, family members, etc.) they will be allowed to make duplicates of the key and distribute them to those parties.

 

Section 5. SIGNS

 

Area Service ‘C’ roads shall have signs conforming to the Iowa Signing Manual per Iowa Administrative Code Section 761.130. Signs shall be installed and maintained by the County at all access points to the Area Service ‘C’ roads from other public roads to warn the public that access is limited.

 

Section 6. TRESPASS

 

Entering an Area Service ‘C’ road without justification after being notified or requested to abstain from entering or to remove or vacate the road by any person lawfully allowed access shall be a trespass as defined in Iowa Code Section 716.7.

 

Section 7. RECLASSIFICATION

 

A road with an Area Service ‘C’ classification shall retain the classification until such time as a petition for reclassification is submitted to the Board. The petition shall be signed by one or more adjoining landowners. The Board shall approve or deny the request for reclassification within 60 days of receipt of the petition.

 

Section 8. POWERS OF THE BOARD

 

All jurisdiction and control over Area Service ‘C’ roads shall rest with the Board, pursuant to Iowa Code Section 309.57.

 

Section 9. EXEMPTION FROM LIABILITY

 

As provided in Iowa Code Section 309.57, 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 ‘C’, if the road has been maintained to the level of maintenance effort described in the establishing resolution.

 

Section 10. LEVEL OF SERVICE

 

Unless otherwise noted in the resolution establishing a specific Area Service ‘C’ road, the following is the level of effort that will be applied to an Area Service ‘C’ road.

 

1.      Blading – Blading or dragging will not be performed on a regular basis, but may be done on request.

 

2.      Snow and Ice Removal – Snow and ice will not be removed.

 

3.      Signing – The only signing will be for weight restrictions on bridges and that signing required for Area Service ‘C’ roads, as per Section 5 of this ordinance.

 

4.      Weeds, Brush and Trees – Mowing or spraying weeds, cutting brush and tree removal will not be performed on a regular basis. Adequate sight distances may not be maintained.

 

5.      Structures – Bridges and culverts may not be maintained to carry legal loads. Upon failure or loss, the replacement will be appropriate for the traffic thereon.

 

6.      Road Surfacing – There will be no surfacing material applied to Area Service ‘C’ roads.

 

7.      Shoulders – Shoulders will not be maintained.

 

8.      Crown – A crown will not be maintained.

 

9.      Repairs – Road repairs will not be done on a regular basis.

 

10. Uniform Width – Uniform width for the traveled portion of the road will not be maintained.

 

11. Inspections – Regular inspections of the road will not be conducted.

 

Section 12. EXISTING AREA SERVICE ‘C’ ROADS

 

Several roads were reclassified to Area Service ‘C’ under authority of Tama County Ordinance No. 32. It is assumed that the process to classify them as Area Service ‘C’ was correctly followed, but regardless those roads shall maintain their existing Area Service ‘C’ classification under this ordinance, and are listed generally as follows:

 

 

Section 13. REPEALER

 

This ordinance is intended to replace Tama County Ordinance Number IV.7. All ordinances or resolutions or parts or ordinances or resolutions in conflict with the provisions of this ordinance are hereby repealed.

 

Section 14. SEVERABILITY CLAUSE

 

If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 

Section 15. WHEN EFFECTIVE

 

This ordinance shall be in effect after its final passage, approval and publication, as provided by law.

 

 

Passed and approved on this 2nd day of January, 2008.

 

 

___________________________

Larry Vest, Chair

 

 

___________________________

Keith Sash, Member

 

 

___________________________

Patrick Henry, Member

 

 

 

Attest: ___________________________

                 Laura Kopsa, Auditor