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Home My WebLink AboutORD 7281 USE OF COUNTY RIGHT OF WAY ORD � � � � • Ord 7281 USE OF COUNTY RIGHT-OF-WAY ORDINANCE AUGUSTA, GEORGIA Development Document #16 Augusta Planning and Development Department September 2011 , �_ . ARTICLE 4 USE OF COUNTY RIGHTS-OF-WAY § 7-3-26. HEAVY EQUIPMENT ON RIGHT-OF-WAY. This section shall cover any person, association, or business entity using heavy equipment (as hereinafter refined) on or over an Augusta, Georgia road, right-of-way 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). § 7-3-27. DEFINITIONS. As used in this article, the term: (a) Access site. 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, Georgia road, right-of-way and/or easement. (b) Augusta, Georgia 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 semi-trailers, heavy equipment and/or vehicles being used for the control of extinguishing of fire and/or flood control shall be exempt from this stature. (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. (� Operator. Any individual, partnership, corporation, association or private organization of any character, including without limitation said operation's agents and employees, carrying out the activities contemplated by this article. (g) Road. Any Augusta, Georgia 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. § 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, Georgia 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 Operation using Augusta, Georgia 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/100 Dollars (450.00) per inspection in connection with said inspections. § 7-3-29. PERFORMANCE STANDARDS. (a) Loading and/or unloading. All loading and/or unloading shall be conducted at a site outside the Augusta, Georgia right-of-ways and behind the established ditch line of Augusta, Georgia 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, Georgia 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. Within 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. (� Determination of proper state of repair; Appeal of determination. If it is determined by the Engineering Services Department during operations that any Augusta, Georgia 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 Augusta 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 next regular meeting of the Commission following receipt of the notice of appeal. The Commission may receive � r 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 (�, 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, Georgia, acting by and through its 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 or credit in an amount to be determined by the Commission after recommendation from the Engineering Services Department for future operations on Augusta, Georgia 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 andlor easements being in satisfactory condition as prescribed by this Ordinance. At such time, said bond will be returned to Operator with ten (10) days. § 7-3-30. VIOLATION; PENALTY. For all violations of this article besides failure to repair as addressed in subsections (� 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. + ` � „ . § 8-1-51. SEVERABILITY If any Section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Chapter. Section 2. This Chapter shall become effective upon adoption. Section 3. All Ordinances or parts of Ordinances in conflict with this Chapter are hereby repealed. Duly adopted by the Augusta Commission this 6 th day of Sept , 2011 . 1 st Reading August 16 , 2011 AUGUSTA COMMISSION C�' � �� Mayor ' r. �� .� � �/� � � � ATTEST � ��' � � � � � . <: ;�t�� >, �` �� .�� e�, �° >.7 �� ' �� r� c� Ca i�siQn n'�� °o .,' y � �� F � � ��-'; � o � +� f ��, ` �'��" � � � .se. �� % `' ;,, � �. ` �ns�,; n :x✓ � "`�ti. �� .� �_, �"'�c,GC.��s�c,o° ,,�,'' �, E � , � p � 'r � \` .:: �ad r. afl-n '"' �� <'D.� 4 �4t`��►`il:d1�'��> 23