HomeMy WebLinkAboutCOUNTY RIGHT OF WAY
Augusta Richmond GA
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USE OF COUNTY RIGHT OF WAY ORDINANCE
(Excerpt from Augusta-Richmond County Code)
AUGUSTA, GEORGIA
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Development Document #16
Augusta-Richmond County Planning Commission
June 1999
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ARTICLE 4
USE OF COUNTY RIGHTS OF WAY
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7-3-26.
HEAVY EQUIPMENT ON RIGHT OF WAY.
This section shall cover any person, association, or
business entity using heavy equipment (as hereinafter defined) on
or over an Augusta-Richmond County road, right-of-way and/or
easement in carrying out its business by loading, unloading and/or
transporting materials of any nature, whether on the road surface
or on the paved or unpaved portion of a right-of-way and/or
easement (including ditches or embankments) .
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7-3-27.
DEFINITIONS.
As used in this article, the term:
(a) Access si te. Any temporary or permanent roadway,
drive, structure, fill or device, existing or constructed, that is
used or employed for the purpose of crossing, traveling upon or
using an Augusta-Richmond County road, right-of-way and/or
easement.
(b) Augusta-Richmond County right-of-way. For the
purpose of this Ordinance, the entire right-of-way of any road (as
defined herein), including without limitation the shoulder, front
slope, ditch, drain, back slope, facility or any appurtenance of
such road.
(c) Heavy equipment and vehicle. Any and all motorized
devices in, upon or by which any person, material or property may
be transported or drawn, including without limitation semitrailers,
trailers, tractors, and truck tractors, provided, however, that
heavy equipment and/or vehicles being used for the control or
extinguishing of fire and/or flood control shall be exempt from
this statute.
(d) Loading and/or unloading shall be defined by their
everyday meanings, but also shall include any activity known as
harvesting or mining of any product or material.
(e) Operations. Those activities contemplated by this
article, including without limitation the loading, unloading and/or
transporting of raw materials such as stone, metal, timber, oil,
fill dirt, produce and kaolin.
(f) Operator. Any individual, partnership, corporation,
association or private organization of any character, including
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without limitation said operator's agents and employees, carrying
out the activities contemplated by this article.
(g) Road. Any Augusta-Richmond County-owned or
maintained highway, road, street, avenue, drive, detour or other
way open to the public and intended or used for the passage of
motor vehicles.
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7-3-28.
COMMENCEMENT OF OPERATIONS.
(a) All persons engaging in operations using heavy
equipment or vehicles in excess of three (3) tons on or across an
Augusta-Richmond County road, right-of-way and/or easement must
provide in writing to the Engineering Services department the
following information at least 48 hours before commencing said
operations:
(1) the name, address, and phone number of the
party which will be carrying on said operations;
(2) the approximate location of access site(s) to
the road or the approximate location of the right-of-way(s) and/or
easements affected;
(3) the date operations are to commence;
(4) the estimated date all operations will be
completed; and
(5) the name of the title owner of the tract of
land on which operations shall occur;
(b) provided, however, that any Operator using Augusta-
Richmond County roads, right-of-ways and/or easements more
frequently than once each month in the same location shall be
required to:
(1) provide this information to the Engineering
Services department once each three (3) months;
(2) allow monthly inspections by the Engineering
Services department of its operations; and
(3) pay to the Engineering Services department a
user impact fee of Fifty and nO/lOO Dollars ($50.00) per inspection
in connection with said inspections.
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7-3-29.
PERFORMANCE STANDARDS.
(a) Loading and/or unloading. All loading and/or
unloading shall be conducted at a site outside the Augusta-Richmond
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County right-of-ways and behind the established ditch line of
Augusta-Richmond County roads and/or easements.
(b) Ditches and drainage structures. Ditches and
drainage structures within 50 feet of an access site and/or right-
of-way and/or easement shall be kept clear of debris, soil and
residue at all times to allow for proper drainage. Culverts shall
be installed at access sites and/or temporary entrances, as needed,
to facilitate proper drainage flow. Culvert openings shall be as
approved by the Engineering Services department.
(c) Warning signs. Any Operator engaging in operations
as defined herein shall be required to post warning signs at least
500 feet on all approaches to the location of operations,
adequately warning oncoming traffic of persons, heavy equipment,
vehicles or machinery entering the area.
(d) Roadway. Operators shall be responsible for keeping
Augusta-Richmond County roads, right-of-ways and/or easements
serviceable and clear of debris, soil, mud and/or other materials
at all times to allow for the safe passage of school buses,
emergency vehicles, mail carriers, and traffic of the general
public.
(e) Notifications upon completion of operations. No
later than 48 hours after completion of operations, Operator shall
give written notification of such completion to the Engineering
Services department. Wi thin eight (8) days of receiving said
notification of completion, the Engineering Services department
shall cause a site inspection to be made by a designated official
of said department, and shall provide written notice to the
Operator as to whether the site is in proper repair. Should said
written notice not be provided by the Engineering Services
department within a reasonable time period, Operator shall not be
held responsible or liable under this article.
(f) Determination of proper state of repair; Appeal of
determination. If it is determined by the Engineering Services
department during operations that any Augusta-Richmond County road,
right-of-way and/or easement, or any access site, is not in a
proper state of repair, a written notification of said
determination shall be issued to the Operator. Any Operator
receiving notification that a site is not in a proper state of
repair (whether said notification is received during or at the
completion of operations) shall have ten (10) days to correct the
site or to appeal the determination of the Engineering Services
department to the August~-Richmond County Commission. Appeal shall
be made by filing a notice of appeal with the Clerk of the
Commission within said ten (10) day period. In the event of
appeal, the Commission shall render a decision on the appeal at the
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next regular meeting of the Commission following receipt of the
notice of appeal. The Commission may receive evidence on behalf of
both the Operator and/or the Engineering Services department at the
hearing of any appeal under this article.
(g) Abatement,. bonding requirement. If repairs in
accordance with subsection (f), above, are not made by Operator
within ten (10) days of notification by the Engineering Services
department, or within ten (10) days of a decision of the Commission
adverse to the Operator, then the Commission shall cause the
repairs to be made and shall tax the cost of the repairs against
the Operator and the property in the same manner and under the same
terms as the cost of other public improvements is taxed. The cost
shall constitute a lien against the property, and the delinquent
tax collector shall issue a fi.fa. in the name of the Augusta-
Richmond County, acting by and through its Commission, for the
cost, and, at the sole option of the Commission, levy the fi.fa.
upon, and expose for sale, the property in the same manner as
levies and sales under tax fi.fa.s are now executed. The
Commission shall further require posting of a bond or letter of
credit in an amount to be determined by the Commission after
recommendation from the Engineering Services department for future
operations on Augusta-Richmond County roads, right-of-ways and/or
easements. Said bond will remain in force until the conclusion of
operations with all access sites, roads, right -of -ways and/or
easements being in satisfactory condition as prescribed by this
Ordinance. At such time, said bond will be returned to Operator
within ten (10) days.
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7-3-30.
VIOLATION; PENALTY.
For all violations of this article besides failure to
repair as addressed in subsections (f) and (g), above, the
Engineering Services department shall make a case against the
offending party and, upon trial and conviction, the offending party
shall be punished as provided in ~ 1-6-1 of this Code.
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