HomeMy WebLinkAboutR12-077 Affirming County Policy on Construction Maintenance and Repair of Public Roadways '*`► S W - moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2012 - V 1 1 A RESOLUTION AFFIRMING COUNTY POLICY ON CONSTRUCTION, MAINTENANCE AND REPAIR OF PUBLIC ROADWAYS WHEREAS, current economic constraints preclude acceptance of maintenance responsibility for new roads unless, in exceptional cases, as part of a new development approval that includes substantial public benefits mitigating the costs of such maintenance or repair responsibility; and WHEREAS, such economic constraints and legal considerations also preclude the County from assuming responsibility for maintenance and repair of additional existing roads; and WHEREAS, it is desirable that County policy and regulations on construction, maintenance and repair of public roadways, whether public or private, be formally affirmed and stated for the information of interested persons. NOW, THEREFORE, BE IT RESOLVED: THAT, the Board of County Commissioners hereby adopts the statement of Eagle County Policy on Construction, Maintenance and Repair of Public and Private Roadways and Seasonal Closures of Roads attached hereto as Exhibit A and made a part hereof by this reference. THAT, the Board of County Commissioners hereby directs the County Community Development Department, Engineering Department and Road and Bridge Department to publicize on the County Website and make available in hard copy the attached written statement of Eagle County Policy on Construction, Maintenance and Repair of Public and Private Roadways and otherwise publicize such statement in such manner as such departments deem appropriate. THAT the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the I 0 day of 2012. COUNTY OF EAGLE, STATE OF COLORADO, by and through its ATTEST: s i.ct e BOARD OF COUNTY COMMISSIONERS d l l eiet 4 .n" '��- if 'r.'�.C:,, By: Teak J. Simonton oo Peter F. Runyon Clerk to the Board of ' hai an County Commissioners -.forma 4 1 vi By: �U.A t ti J . St. vney om issioner By: /! Sara J. Fisher Commissioner Commissioner 5) U IL's seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Runyon 1 Commissioner Stavney ... ti Commissioner Fisher !, Z/ This Resolution passed by ! vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EAGLE COUNTY POLICY ON RESPONSIBILITY FOR MAINTENANCE AND REPAIR OF ROADS AND SEASONAL ROAD CLOSURES July 2012 PUBLIC ROADS Almost all roads in unincorporated Eagle County are open to the general public. Some public roads are maintained and repaired by the County Road and Bridge Department. However, some public roads are not County maintained or repaired; instead, such roads are maintained and repaired by the owners of property accessed by such roads. The County is preparing and will publish a list and map of roads that Road and Bridge maintains and those that are not maintained by Road and Bridge. Realtors and prospective buyers of property can find out by calling the County Road and Bridge Department whether roads providing access to particular properties are public roads and if so, whether they are maintained by the County. In appropriate cases, the County erects signs advising the traveling public that the roads in question are not maintained by the County and may not be passable during certain times of the year. In the case of through roads, the County may seasonally close such roads to the general traveling public and allow access only to those whose residences are accessed by the road. Public roads that the County does not maintain may and in most cases should be maintained by the owners of property accessed by such roads. Such maintenance includes grading, resurfacing, plowing and repairing. The County is not responsible for the safety of such roads, and the owners maintaining the roads should consider obtaining insurance to protect them against liability arising from maintenance of such roads. PRIVATE ROADS Some roads in Eagle County, particularly those within gated subdivisions or PUDs, are private. They are not on public right of way and they are open only to authorized users. Maintenance and repair of such roads is the right and responsibility of the subdivision or PUD. COUNTY ROAD STANDARDS AND PERMITS FOR PRIVATE CONSTRUCTION, IMPROVEMENT AND REPAIR OF ROADS For reasons of public safety, initial construction of roads, whether public or private, by developers and other private property owners, is subject to County Land Use Regulations, Engineering Standards, and Construction Permit requirements. Any individual or business planning to build or improve, or undertake substantial repairs to, a new or existing road must obtain written approval therefor from the Eagle County Engineering Department prior to commencing work to be sure that they comply with all applicable rules and standards and obtain necessary permits for the work.