Chapter 13
ROADS, STREETS AND SIDEWALKS*
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Cross references:
Zoning, app. A; county definitions ordinance, app. B.
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Art.
I. Site Construction Standards, §§ 13-1, 13-3
Art.
SITE CONSTRUCTION STANDARDS
Sec. 13-1. Earthwork.
(a) The entire area within the
typical grading section shall be cleared and grubbed of all trees, bushes,
stumps and debris. Such debris shall be disposed of in a satisfactory manner, but in no instance, shall be used as fill in the
road bed.
(b) Grading shall be accurately
done to the lines and grades shown on the plans. Embankments shall be placed in
uniform layers not to exceed six (6) inches and compacted to a density of
ninety-five (95) percent of the maximum laboratory dry weight per cubic foot as
determined by an approved method. Proof-rolling shall be accomplished prior to
placement of embankments to detect soft spots.
Slopes
in Cut or Fill Sections
|
Depth of Cut or Fill |
Slopes (Maximum) |
|
2 feet or less |
4 to 1 |
|
2 feet to 5 feet |
3 to 1 |
|
Over 5 feet |
2 to 1 |
The depth of cut referenced in
the table shall be construed to be the maximum cut or fill occurring in any one
section of cut or fill. The slope on cut or fill shall be uniform throughout
for each section of cut or fill. When a cut is made in rock that requires
blasting, slope may be changed to vertical slope upon the written approval of
the authorized county representative.
(c) After the earth work has
been completed, all storm drainage and other underground utilities have been
installed under the roadbed, and the backfill in all such ditches thoroughly
compacted, the subgrade shall be brought to the lines, grades and cross section
shown on the plans. If any sections of the subgrade are composed of unsuitable
or unstable material, such material shall be removed to the depth directed by
the road department and replaced with suitable, thoroughly compacted material.
When the street is to be used for construction traffic before the paving work
is completed, a layer of No. 5 stone can be laid as a traffic
surface if the developer so desires, provided:
(1) This material shall not be
used as a part of the base material;
(2) It may be worked into the
subgrade or it shall be removed before the base course is set up for paving;
(3) Provision shall be made to
drain low points in road construction when the final paving surface is delayed.
(d) It shall be the
responsibility of the developer to provide core samples to verify compaction
requirements from a certified company to the road department.
(Ord. of 3-28-95)
Sec. 13-2. Storm drainage.
(a) Sizing and location of all
drainage structures shall be the responsibility of a registered professional
land surveyor, subject to approval of the road department.
Storm drainage pipes shall be
sloped so as to maintain a minimum velocity of 3fps so that sediment will not
collect.
State Highway Standard 1030D (or
most current) shall be used in determining class (concrete) or gauge of pipe
under fill, method of backfilling and pipe installation, unless otherwise
specified and approved by the road department.
Unless specified otherwise, the
drainage formula used in determining size of drainage structure shall be
determined by Q=CIA Formula.
Talbot's Formula shall use .80
run-off index or the equivalent.
Rational method shall use
fifty-year storm or rain as the stated frequency.
Drainage easements shall be a
minimum of twenty (20) feet wide when used as an open ditch. Piped storm
drainage shall have a minimum easement width of fifteen (15) feet wide.
Catchbasins and/or drop inlets
shall be designed by an engineer and subject to final approval by the road
department.
Streetwater shall be limited to
a maximum distance as follows: Four hundred (400) feet on grades up to seven
(7) percent; three hundred (300) feet on grades from seven (7) percent to ten
(10) percent; two hundred fifty (250) feet on grades over ten (10) percent.
Subdrainage will be installed to
control the surplus groundwater by intercepting sidehill seepage or by lowering
or regulating the groundwater level where such conditions exist.
Bridges shall be designed on a
fifty-year storm frequency.
(b) Cross drainpipes shall not
be less than eighteen (18) inches in size when under the street and fifteen (15)
inches under driveways.
Headwalls of a type approved by
the county road department shall be required on inlet and outlet ends of the
cross drain pipe.
A full shoulder width shall be
maintained across all cross drains as the minimum length.
The maximum continuous length of
side drain (ditch) pipe shall be fifty (50) feet. A cleanout (open-top graded)
catch basin shall be established at each fifty-foot interval. The maximum
continuous length of longitudinal pipe shall not exceed three hundred (300) feet.
Junction boxes having access to
the pipe shall be constructed to meet the requirements of Georgia DOT Standard
1030D (or most current).
(c) Reinforced concrete pipe
shall be used within the right-of-way.
Pipe outside the right‑of‑way may be reinforced concrete, at
the option of the owner, or other appropriate material.
Flat bottom and circular pipe
sections shall be laid in a prepared trench with the socket ends pointing
upstream. Sections shall be joined in accordance with manufacturer's
recommendations.
(d) Before any traffic over a
storm drain is allowed, the developer shall provide an adequate depth and width
of compacted backfill to protect the structure from damage or displacement. Any
debris or silt that constructs the flow through a pipe shall be removed by the
developer as often as necessary to maintain drainage. All pipe structures shall
be cleaned before the work is accepted. Any damage or displacement that may
occur due to traffic or erosion shall be repaired or corrected at the developer's
expense. The developer's obligation to clean and repair pipes ceases after
acceptance of the system by the county.
(e) Minimum clearances are one
(1) foot between the bottom of the roadway base and the exterior crown of the
culvert. A minimum of 0.5 feet between underground utilities
and exterior crown of culverts.
(f) Trench construction for
storm drainage pipe shall be in accordance with standard drawings.
(Ord. of 3-28-95)
Sec. 13-3. Surety for completion and maintenance of improvements.
(a) Third parties offering to
dedicate street or storm drainage improvements to
(b) To assure that third party
maintenance and upkeep responsibilities are met, the county by and through the
board of commissioners or its designee, as a condition precedent to acceptance
of such improvements, shall be provided a maintenance bond or irrevocable
letter of credit, with surety and conditions reasonably satisfactory to said
board, providing for and securing to the county the costs of repair of any
damage resulting from defect or deficiency in construction of such improvements
by the county. Such security shall be in an amount equal to ten (10) percent of
the actual costs of construction of such improvements.
(Ord. of 9-9-97, § 4)
Secs. 13-4--13-20. Reserved.
ARTICLE II.
ROAD USE REGULATIONS
Sec. 13-21. When a utility may be closed or altered.
(a) Any utility using or
occupying any part of a county road which the department has undertaken to
improve or intends to improve shall remove and relocate its facility when, in
the reasonable opinion of the department, the facility constitutes an
obstruction or interference with the use or safe operation of such road by the
travelling public or when, in the reasonable opinion of the department, the
facility will interfere with such contemplated construction or maintenance.
(b) Whenever the department
reasonably determines it necessary to have a utility facility removed and
relocated, the department shall give to the utility at least sixty (60) days'
written notice directing the removal and relocation of such utility obstruction.
If the utility does not thereafter begin removal within a reasonable time
sufficient to allow for engineering and other procedures reasonably necessary
to the removal and relocation of the utility facility, the department may give
the utility a final notice directing that such removal shall commence not later
than ten (10) days from the receipt of such final notice. If such utility does
not, within ten (10) days from receipt of such final notice, begin to remove or
relocate the facility or, having so begun removal or relocation, thereafter
fails to complete the removal or relocation within a reasonable time, the
department may remove or relocate the same with its own employees or by
employing or contracting for the necessary engineering, labor, tools,
equipment, supervision, or other necessary services or materials and whatever
else is necessary to accomplish the removal or relocation.
(c) The expenses incurred by the
department as a result of utility removal and relocation pursuant to subsection
(b), above, shall be paid by the utility. A statement of such expenses shall be
submitted to the utility, which shall make payment to
(Ord. of 2-8-99, Pt. B)
Sec. 13-22. Permit requirements and procedures.
(1) Purpose. The purpose of the
permit process is to regulate and control modification of and access to the
county highway system. Regulations are necessary in order to preserve the
functional integrity of the county highway system and to promote the safe and
efficient movement of people and goods within the county. The development of a
management program serves to protect the traveling public through an orderly
control of traffic entering and leaving the county highway system, to prevent
hazardous parking adjacent to the travel way, to insure uniform design and
construction of driveways on the county highway system, to make certain that
modification of the county right-of-way [does not create unsafe conditions for
the traveling public, to prevent unauthorized use of county right-of-way,] and
to allow beautification of property fronting on the county highway system. The
permit process applies to all roads under the jurisdiction of
(2) Permit required. Any third
party desiring to physically modify any portion of a county road shall first
file with the office of the county road superintendent an application in
writing in such form as the county road superintendent may prescribe, and
obtain a formal permit for such modification.
(3) Application and approval
procedure.
(a) Application forms.
Applications for the various permits must be made on the proper form. These
forms may be obtained from the department. Only original forms may be used when
making application for one of these permits. Each copy of the application must
be signed in ink by the applicant. Application forms will not be furnished for
future needs; rather, they will be provided for each permit request after the
geometric design and location of the requested driveway and/or other
encroachments are agreed upon.
(b) Applicant qualifications.
Application for a permit under these rules will be accepted only from the
property owner, leasor or an official representing the company, organization or
group which owns or leases the property abutting the R/W and upon which the
driveway or other permit work will be constructed. In the event the applicant
leases the property, the lease should be for a period of at least three (3)
years, or the permit must be issued to the property owner. In any case, written
acknowledgement of the permit work must be obtained from the owner or his
agent.
(c) Where to file application.
Applications must be filed with the Whitfield County Road Department.
(d) Plan requirements. A plan
must accompany the application which complies with the department's commercial
driveway specifications or other encroachments. In addition, the department
require in appropriate circumstances to be determined by the department whether
a plan should accompany any other application. Data relative to the requested
permit must be furnished by the applicant without cost to the department. The
permit engineer is available for consultation and advice in these matters to
help the applicant develop a plan and design to serve his development while
working within the rules and regulations of the department.
(e) Provisions of a permit. The
provisions of any permit granted shall be construed as regulatory and not as
contractual. No interest or right of an applicant shall be transferred to
another except by written consent of the department. No inherent or related
right or privilege belonging to any abutting property owner is affected,
interfered with or abridged by these standards or by any permit issued
thereunder, nor is the county responsible for any damage claim which may arise
as between the applicant and any adjacent property owner.
(f) Cost. The department does
not charge for these permits at this time. However, the applicant must furnish
copies of the approved plans and is responsible for all engineering and
construction costs, unless the provisions of the resolution of the board of
commissioners of
(g) Department approval. The
processing of permits will be accomplished by department personnel in an
expeditious manner. The district permit engineer will see that all requests for
permits are acted on in a timely fashion.
(4) Conditions placed on
permits. The conditions enumerated in this subsection are agreed to by the
applicant for a driveway or encroachment permit and are part of the terms of
such permit. These conditions to the permit continue in effect unless changes
are made or authorized by the department.
(a) General restrictions.
1. Parking is prohibited on
county roads except in those instances where temporary conditional special
encroachment permit is approved for parking on the R/W.
2. Driveways shall not be
provided within the R/W for purposes of parking, loading, servicing, etc.
3. Geometric and safety
requirements must be maintained as stipulated in the permit and shall not be
altered by the applicant.
4. An approved permit must be
picked up by the applicant within sixty (60) days of approval. If not, the
permit must be canceled.
5. Work under the permit must
begin within ninety (90) days after approval. Failure to begin work will be
cause for the permit to be canceled.
6. Construction work authorized
by an approved permit should be completed within twelve (12) months following
approval of the permit. Permitted work not completed within twelve (12) months,
for just reasons, may be officially extended for additional six-month
increments.
7. New driveways to new
businesses should not be opened for use by the traveling public until the final
inspection.
(b) Liability and responsibility
of applicant.
1. Applicants to whom permits
have been approved shall at all times indemnify and save harmless the
department and county from responsibility for any damages or liability arising
from the maintenance, repair, operation or use of any installation, parts of
installation, construction procedures or actual construction approved under the
permit. When determined necessary by the department, the
applicant must exhibit satisfactory evidence of adequate liability insurance to
cover all phases of work specified under the permit for the protection of the
traveling public. Limits of such coverage shall be determined separately
for each applicant and declared by the department at its discretion.
2. The applicant must move,
relocate or remove any installation or construction placed on DOT R/W without
cost to
(c) Permit change or
modification. No driveway approach or other improvement constructed on a county
road as an exercise of the permit shall be relocated or its dimensions altered
without the written permission of the department.
(d) Property interest. No
property interest is created by the granting of a permit even if the applicant,
or his transferee or a subsequent transferee, has incurred expenses or expended
effort in reliance on such permit.
(5) Violation of conditions in
permit. A violation of conditions specified in a permit shall be grounds for
revocation of the permit, removing, correcting, barricading, displacing or
closing such driveway and restoring the R/W.
(Ord. of 6-11-96, Pt. B (§§
1--5); Ord. of 2-8-99, Pt. C)
Sec. 13-23. Other driveways.
(1) Utility driveways. Access to
utility sites such as power substations, water tanks, or telephone service
sites are to be permitted and should be treated much the same as a residential
drive for design and sight distance. The vehicle must not reduce sight distance
for driveways located along the same section of roadway. A utility driveway may
or may not count as one allowed access point along an applicant's frontage,
depending on the length of frontage and safety considerations.
(2) Farm use, logging and mining
driveways. These driveways are to be permitted by the department in a manner
similar to a utility driveway. A logging driveway will usually be a temporary
drive which will either be removed when the logging operation is completed or
left in to become a farm use driveway. A mining operation may require a more
substantial design to function properly.
(Ord. of 6-11-96, Pt. D (§§ 1,
2); Ord. of 2-8-99, Pt. E)
Sec. 13-24. Commercial driveway specifications.
(1) Purpose. The specifications
presented herein are intended to provide basic information for permit approval.
When presented with this information, the department can review the application
in a timely manner and fulfill its responsibility to preserve the functional
integrity of the county highway system and to promote the safe and efficient
movement of people and goods throughout the county and to treat all applicants
fairly and equitably.
(2) Plan requirements. Five (5)
blue line or black line copies of the plans, "A1" metric series - 594
× 841 mm (22 inches × 34 inches) maximum, will normally be submitted with a
properly completed permit application.
(a) Design information. The
following information should be included on, or with, each plan submission:
1. An overall site plan and
location sketch map.
2. All existing features should
be shown with dashed lines and all proposed features shown with solid lines.
This should be clearly shown on the plan legend.
3. Location of all property
lines and the names of the property owner on either side of the property being
developed.
4. The distance from the
centerline of the highway or road to the R/W line. (A general statement such as
"Right-of-Way Varies" is not acceptable.)
5. Existing and proposed
elevations sufficient to show the natural and proposed drainage features within
the property to be developed. This should include all of the
adjacent highway R/W and any elevations needed to show how water flows once it
leaves this property.
6. A north arrow.
7. All existing traffic signs
within the frontage being developed.
8. The width of existing roadway
pavements, lane widths, lane lines and direction of travel (using directional
arrows) within the lanes.
9. The total length of frontage
of the property owned and, if different, the length of the frontage being
developed under the permit.
10. Location, size and type of
any trees, shrubs, bushes or other vegetation which exist on county R/W.
11. The distance from the edge
of pavement to the side ditch and the direction of the flow of water within the
ditch.
12. The location and size of any
existing and proposed side drain or cross drain culverts.
13. Location of existing and
proposed buildings, pumps, signs, grease racks, wash racks, underground storage
tanks, etc.
14. The proposed driveway width,
measured either from face of curb to face of barb or from edge of pavement to
edge of pavement. This measurement shall be perpendicular to the centerline of
the driveway at its narrowest point.
15. The distance from the
centerline of the driveway to each property line, measured along the R/W line.
16. Driveways and any new
shoulder work on a tangent section should slope downward and away from the edge
of pavement for a distance of at least 3.6m (12 feet) at a slope rate of 2.08%
( 1/4 inch per foot), generally, including any accel/decel lane. If located in
a super elevated section, all construction should match the superelevation for
at least 3.6m (12 feet).
17. Sight distance at each
driveway.
18. The difference in elevation
between the roadway and the driveway at the R/W line. The slope should not be
greater than +/-6.25%, if practical. There are situations which require greater
slopes; these should be examined carefully before approving their use. In no
case should the slope exceed ten (10) percent.
19. Georgia DOT Standard 9031-W
(wheelchair ramps) must be included at all driveways and streets where sidewalk
is installed or there is evidence of pedestrian traffic.
(b) Driveway encroachment.
1. Connecting curve or curb
return. No portion of a driveway, including the radius, should intersect a curb
return or the pavement on a curve connecting two (2) highways or streets.
2. R/W line projection. No
portion of a driveway should be within the area between the normal R/W lines
projected to the curbline or edge of pavement at an intersection. The
department may waive this provision when a deep R/W or an acute angle formed by
the intersection makes such action appropriate.
3. R/W miter. No part of any
driveway should be permitted to encroach upon the R/W miter. The R/W miter is
that additional R/W which has been secured for the highway behind the
prolongation of the normal R/W lines in order to provide for channelization of
traffic or more adequate sight distance.
4. Intersection features.
a. The legs, connections, ramps,
and other roadway features of a highway intersection or interchange are a part
of the intersection or interchange. The safety of the public and the planned
movement of traffic require that no driveway be connected with such features
for the purpose of serving a commercial business.
b. A driveway serving a roadside
area should not be connected to a service or frontage road of a limited access
road in the area where said service road serves the dual purpose of a leg,
connector or ramp of an intersection or interchange.
c. No driveway should be
connected to a frontage road or service road in the area where the service road
is widened or curved for the connection with an interchange or intersection
connection, ramp or leg.
d. No portion of a driveway,
other than a normal radius, should enter the R/W at a point which is less than
7.6m (25 feet) from the point of intersection of the R/W lines. Where limited
access R/W exists and the frontage is limited in a manner which would deny all
access to the property, this distance may be reduced to 3m (10 feet).
(Ord. of 6-11-96, Pt. E (§§ 1,
2); Ord. of 2-8-99, Pt. F)
Sec. 13-25. When a driveway may be closed or altered.
In addition to the conditions
agreed to by the applicant, the department may alter or close driveway(s) or
require the applicant to alter or close driveway(s) to property abutting county
roads for the following reasons:
(a) If
the driveway(s) creates an unreasonable interference with the proper use of a
public road by the traveling public.
(b) When it becomes necessary to
use the R/W to widen and improve the existing roadway or to construct service
roads or to make any other revisions in location, alignment or grade of the
roadway, making the approved drive(s) impractical, hazardous or otherwise
objectionable.
(Ord. of 6-11-96, Pt. F; Ord. of
2-8-99, Pt. G)
Sec. 13-26. Other encroachments, permit
required.
Any third party desiring to
encroach upon a county right-of-way for any reason other than to use said
right-of-way for its intended purposes must file an encroachment permit
application including a site plan, and, if requested by the department, a
landscaping plan and a cross-section plan, each of which conforms to the
department's standards and specifications.
(a) Site plan. The following
information should be included on or with each application for a special
encroachment permit:
1. An overall site plan and
location sketch map.
2. All existing features should
be shown with dashed lines and all proposed features shown with solid lines.
This should be clearly shown on the plan legend.
3. Location of all property
lines and the names of the property owner on either side of the property being
developed.
4. The distance from the
centerline of the highway or road to the R/W line. (A general statement such as
"Right-of-Way Varies" is not acceptable.)
5. County route numbers, state
route numbers and
6. Existing and proposed contour
lines or elevations sufficient to show the natural and proposed drainage
features within the property to be developed. This should include all of the adjacent highway R/W and any elevations needed to
show how the water flows once it leaves this property.
7. Distance from one corner of
the property, along the R/W line of the abutting road, to the centerline of the
nearest named street, road or highway.
8. A north arrow.
9. The DOT milepost, if
available, estimated to the nearest hundredth of a mile, at the center of the
property being developed. When using milepost along an interstate route, use
the cumulative milepost instead of the county milepost.
10. The posted speed limit.
11. All existing and proposed
DOT signs within the frontage being developed.
12. The width of existing
roadway pavements, lane widths, lane lines and direction of travel (using
directional arrows) within the lanes.
13. The total length of frontage
of the property owned and, if different, the length of the frontage being
developed under the permit.
14. Location, size and type of
any trees, shrubs, bushes or other vegetation which exist on county R/W.
15. A title block showing the
name of the property owner and the permit applicant, if different from the
property owner, and the county in which the project is located. The name of the
engineer or individual who prepared the plans should be included also.
16. Existing and proposed
ditches on the applicant's property.
17. Location, size, length, type
of material and direction of flow within any existing or proposed pipes or
culverts on the site.
18. Station numbers along the
edge of pavement to match cross-section locations. Use highway stationing if
possible.
(b) Cross-section plan.
1. Cross-sections, if requested
by the department, taken at right angles to the centerline of the highway at
15m (50 foot) intervals, or less depending on the consistency of the terrain
along the property frontage, with at least one cross-section showing the
existing ground line beyond the proposed grading limits at either end.
2. Cross-sections should start
at the pavement edge and extend at least 15m (50 feet) behind the R/W line.
3. Cross-sections should always
be plotted on a 1:12 (1"=1') ratio.
4. Existing and proposed
finished contours should be shown in order to clarify proposed work.
5. Slopes with a county R/W
should be 4:1 or flatter.
6. Quantities of cut and fill
within county R/W should be calculated and shown on the plan apart from overall
earthwork quantities.
7. A dashed line should be used
to indicate existing ground line and a solid line to indicate the proposed
finished ground line.
8. Spot elevations should be
shown at sufficient intervals to depict existing ground conditions.
9. Requests involving limited
access highways may require suitable photographs of the site showing all
existing features.
10. In "cut" sections,
a
(c) Landscaping plan.
1. If requested by the
department, two (2) sets of an overall sight plan and location sketch map.
2. The scale of the drawing
should be 1:600 (1"=50') or larger. If a smaller scale is used for overall
plans, then enlarged details of the work on the R/W must be furnished on a
1:600 (1"=50') or larger scale.
3. All existing features should
be shown with dashed lines and all proposed features shown with solid lines.
This should be clearly shown on the plan legend.
4. Location of all property
lines and the names of the type business or property owner on either side of
the property being developed.
5. The distance from the
centerline of the highway or road to the R/W line. (A general statement such as
"Rights-of-Way Varies" is not acceptable.)
6. County route numbers, state
route numbers and
7. Existing and proposed contour
lines or elevations sufficient to show the natural and proposed drainage
features within the property to be developed. This should include all of the adjacent highway R/W and any elevations needed to
show how the water flows once it leaves this property. Flow arrows should also
be used along with contour lines and elevations.
8. Distance from one corner of
the property, along the R/W of the abutting road, to the centerline of the
nearest named street, road or highway.
9. A north arrow.
10. The DOT milepost, if
available, estimated to the nearest tenth of a mile to some point on the
property being developed.
11. The posted speed limit.
12. All existing traffic signs
within the frontage being developed.
13. The width of existing
roadway pavements, lane widths, lane lines and direction of travel (using
directional arrows) within the lanes.
14. The total length of the
frontage of the property owned and, if different, the length of the frontage
being developed under the permit.
15. Location, size and type of
any trees, shrubs, bushes or other vegetation which exists on county R/W.
16. Suitable photography, snap
shots or VHS video tape, of the site showing all existing features may be
required for proper review of the application.
17. A title block
showing the name of the property owner and the permit applicant, if different
from the property owner. The name of the engineer or individual who prepared
the plans should also be included.
18. Location and size of any
existing and proposed side drains or cross drain culverts, pipes, catch basins,
detention ponds, ditches, etc., and direction of flow within the structure.
19. Plants which exceed 760mm
(30 inches) in height and/or a trunk diameter of 100mm (4 inches) at maturity
cannot be planted within 9m (30 feet) of the pavement edge. In urban areas on
streets where speeds are 110 kph (35 mph) or less, a 2.5m (8 foot) setback from
back of curb will be required. Some flexibility may be exercised relative to
maximum trunk diameter when protected by guardrail or some other suitable type
barrier. Almost any type of vegetation may be planted beyond 9m (30 feet) from
the pavement edge. AASHTO design guidelines for clear zone must be observed as
a minimum separation between plants over 100mm (4 inches) in diameter and the
edge of the through-traffic lane.
(Ord. of 6-11-96, Pt. G (§ 1);
Ord. of 2-8-99, Pt. H)
Sec. 13-27. Prohibited encroachments.
[The following encroachments are
prohibited:]
(1) County R/W must not be used
for parking or storage of any vehicle, except for temporary parking of disabled
vehicles on the shoulder of roads.
(2) No materials can be stored
or placed upon county R/W unless authorized by the department.
(3) Stormwater from property
adjacent to the R/W may not be diverted into the highway drainage system.
Commercial wastewater will not be allowed on county R/W.
(4) No walls, fences, signs,
large rocks, monuments, structures, trees or other plant life can be placed on
or removed from county R/W without a special encroachment permit.
(Ord. of
6-11-96, Pt. H; Ord. of 2-8-99, Pt.
I)
Sec. 13-28. Regulations governing the physical
modifications by third parties of county roads, including future additions
thereto.
This article, including the
regulations and procedures within it, is established pursuant to
(Ord. of 2-8-99)
Sec. 13-29. Regulation of use of county roads.
Any third party (which term, as
defined in the regulations adopted herewith, includes any utility), desiring to
physically modify any portion of a county road shall comply with each provision
of this article (including the regulations promulgated hereby) by first filing
with the Whitfield County Road Department an application in writing in such
form as the Whitfield County Road Superintendent may prescribe, and obtain a
formal permit for such modification.
(Ord. of 2-8-99, § 1)
Sec. 13-30. Application for permit.
Application shall be made by the
third party, or its, his or her agent, for or on whose account the proposed
work is to be performed. Said application shall specifically describe the
nature, extent and duration of the work to be undertaken.
(Ord. of 2-8-99, § 2)
Sec. 13-31. Work performed under permit.
All work performed under a
permit issued by the Whitfield County Road Superintendent shall be performed in
accordance with the practices and standards established by county ordinance, as
now or hereafter established or modified, including, but not limited to,
Chapter 13 of the Code of Ordinances of Whitfield County, Georgia. Provided
that, should any Whitfield County ordinance be more restrictive upon utilities
than are equivalent regulations promulgated by the Georgia Department of
Transportation with respect to utilities on the state highway system under the
authority of O.C.G.A. § 32-6-174, then the Georgia Department of Transportation
regulations shall control.
(Ord. of 2-8-99, § 3)
Sec. 13-32. Violations.
(a) The public is made aware
that it is unlawful under state law (O.C.G.A. § 32-6-1 et seq.) for any person
to obstruct, encroach upon or injure materially any part of any public road,
and any person who unlawfully obstructs, encroaches upon, or injures said
public road shall be responsible for reimbursing Whitfield County, Georgia for
the costs of the removal of said obstructions or encroachments and the costs of
repairs to the county road, including any costs associated with traffic
management; provided, however, that such costs shall be limited to those costs
which are directly incurred from such damages. Costs incurred for traffic
management may include, but not be limited to, costs incurred for flagging,
signing or provision of detours, provided that these activities are directly
caused by the obstruction, encroachment, or injury to the county road system.
(b) Any person who violates or
fails to comply with any provision of this article (including regulations now
or hereafter adopted) shall be guilty of a misdemeanor and shall be punishable
by Whitfield County and each day such violation shall be permitted to exist
shall constitute a separate offense. Each violation of this article shall be
prosecuted by citation of any law enforcement officer of Whitfield County and
through the magistrate's court of the county in accordance with and as provided
in O.C.G.A. § 15-10-1 et seq., and a conviction thereof shall be punishable
with a fine of not more than one thousand dollars ($1,000.00) per day for each
day such violation shall be permitted to exist or imprisonment for not more
than twelve (12) months, or both, in the discretion of the court.
(Ord. of 6-11-96, § 5; Ord. of
2-8-99, § 5)