Chapter 12.08
COUNTY ROAD SYSTEM1

Sections:

12.08.010    Young toll road.

12.08.015    Mormon Emigrant Trail.

12.08.020    Acceptance of dedication and maintenance.

12.08.025    County to maintain new county roads.

12.08.030    Minimum construction requirements.

12.08.035    Private road construction.

12.08.040    Road base and blacktop.

12.08.050    Mains and pipes--Intersections.

12.08.060    Gutters and drains.

12.08.070    Removal of obstructions.

12.08.082    Requirement that new county roads be maintained through a county service area.

12.08.084    Drainage improvements, driveway approaches, postal service encroachments, and other appurtenances required.

12.08.086    Procedure for establishing and collecting charges for roads in county service areas.

12.08.010 Young toll road.

That certain toll road located on the south half of the southwest quarter of Section thirty-two, in Township Eight North, and the northwest quarter of the northwest quarter of Section Five, in Township Seven North, Range eleven east, Mount Diablo Base and Meridian, known as the Young toll road, is declared to be a public county road.  (Ord. 11 §1, 1885).

12.08.015 Mormon Emigrant Trail.

Pursuant to Government Code Section 972, the board of supervisors authorizes and allows the use of that portion of Mormon Emigrant Trail lying within Amador County by El Dorado County for the purpose of improving and maintaining the road to serve the needs of the residents of both counties and the general public.  (Ord. 607 §1, 1977).

12.08.020 Acceptance of dedication and maintenance.

The county may, at the discretion of the board of supervisors, accept the dedication and maintenance of those roads that meet the full paved design criteria set forth in this chapter; provided, that such roads are contiguous to a publicly maintained road system.  Compliance with said full paved design criteria shall be determined by the board of supervisors or its designee.  (Ord. 1612 §2 (part), 2005).

12.08.025 County to maintain new county roads.

After said board accepts any said road into the county road system as a county highway, the county shall maintain said road in the same manner as other county highways in the county road system. "Maintain" as used in this chapter includes, but is not limited to, the maintenance, reconstruction, widening, realignment, and improving of said road.  (Ord. 1194 §5, 1989).

12.08.030 Minimum construction requirements.

All roads submitted for acceptance into the county road system shall meet the minimum requirements set forth in the following tabulation:

 

 

Traffic per Day under 100

Traffic per Day 100 to 400

Traffic per Day 400 to 1,000

Traffic per Day 1,000 to 4,000

Traffic per Day 4,000 to 5,000

Traffic per Day over 5,000

Design Feature

Topography

Minimum*

Desirable

Minimum*

Desirable

Minimum*

Desirable

Minimum*

Desirable

Minimum*

Desirable

Minimum*

Desirable

Design speed

Flat

40

50

45

55

50

60

70

60

60

70

60

70

Rolling

30

30

35

45

40

50

50

60

50

60

50

60

Mountainous

20

25

25

35

30

40

40

50

40

50

40

50

Radii (ft.) (min. & desirable min.)

Flat

400

650

500

850

650

1,000

1,000

1,500

1,000

1,500

1,000

1,500

Rolling

275

400

350

525

400

650

650

1,000

700

1,000

800

1,000

Mountainous

100

250

150

325

250

400

400

650

500

650

600

700

Grade % below 2,000 feet (max. & desirable max.)

12

6

10

5

6

4

4

3

3

3

3

2

Above 2,000 feet

 

10

8

10

8

8

7

7

6

7

6

6

5

Non-passing sight distance (feet)

Flat

275

350

315

415

350

475

475

600

475

600

475

600

Rolling

250

275

240

315

275

350

350

475

350

475

350

475

Mountainous

125

200

165

240

200

275

275

350

275

350

275

350

R/W width (ft.)

 

50

60

50

60

60

80

60

80

80

100

80

100

Roadbed width (ft.)

 

26.5

28.5

26.5

30.5

30.5

34.5

34.5

38.5

44.5

52.5

64

70

Surface width (ft.)

 

20

22

20

24

24

24

28

28

28

34

46

48

Thickness base & surface

 

Design based on engineering analysis of traffic and soil

Bridges clear width (ft.)

 

26.5

28.5

26.5

30.5

30.5

34.5

34.5

38.5

44.5

52.5

64

70

Vertical clearance (ft.)

 

14.5

15

14.5

15

14.5

15

14.5

15

14.5

15

15.5

15

Design lead (A.A.S.H.C.)

H-15

 

 

 

 

 

 

 

 

 

 

 

 

*(Maximum for % grade)

(Ord. 1734 §3(part), 2014:  Ord. 664 §1(part), 1978; Ord. 315 §1, 1959:  Ord. 303 §1(1), 1959).

12.08.035 Private road construction.

Design Feature

Topography

Private Roads

Driveway

Common

Single

Design Speed

Flat

40

20

20

Rolling

30

20

20

Mountainous

20

20

20

Inside Radii (ft) (Min. & Desirable Min.)

Flat

400

50

50

Rolling

275

50

50

Mountainous

100

50

50

Grade % Below 2,000 Feet 1

 

16

16

16

Grade % Above 2,000 Feet 1

 

10

10

10

R/W Width (ft) 2

 

40

30

Na

Roadbed Width (ft)

 

20

18

10

Surface Width (ft) 3

 

18

12

9

Thickness Base & Surface

 

See Below 4

See Below 4

2"/4"

Bridges Clear Width (ft)

 

22

10 5

10

Vertical Clearance (ft)

 

14.5

14.5

14.5

Design Load (AASHTO)

 

H-15

H-15

H-15

 

 

 

 

 

1 Maximum for % grade

 

 

 

 

2 Easement Width for Common Driveways

 

 

 

3 Private roads may use all-weather surface such as aggregate base and gravel as a substitute to AC

4 Design based on engineering analysis of character of traffic and soil

5 Bridge design loads for single driveway shall be H-15

 

6 Bridges on common driveways must have clear sight across bridge and turn out on both sides.

(Ord. 1734 §3(part), 2014).

12.08.040 Road base and blacktop.

The base of all roads shall be constructed in the center of all rights-of-way.  Such base shall be composed of such material and of such thickness as shall be recommended by an engineering analysis of the character of the soil and contemplated traffic, and said base shall be covered with a penetrating coat of oil and surfaced by a coat of blacktop at least two inches in thickness unless written permission for a modification of these specifications is obtained from the board upon the recommendation of the county road commissioner.  All materials used in such construction shall be approved in writing by the road commissioner prior to their use.  (Ord. 303 §1(2), 1959).

12.08.050 Mains and pipes--Intersections.

All water mains, sewer pipes, drainage systems and pipes employed for any other purposes shall be buried at least eighteen inches below the surface and shall be located a reasonable distance from the paved or traveled portion of all rights-of-way, and all road intersections shall be at right angles, or as nearly so as practicable.  (Ord. 303 §1(3), 1959).

12.08.060 Gutters and drains.

All gutters and drains, including head walls, drop inlets and covers shall be constructed and installed according to the size and specifications required by the county road commissioner.  (Ord. 303 §1(4), 1959).

12.08.070 Removal of obstructions.

No structures or buildings shall be constructed within twenty-five feet of the nearest right-of-way line, and all trees, shrubbery or other obstructions interfering with vision or with the construction or maintenance of any right-of-way shall be removed prior to the submission of any road for acceptance.  (Ord. 303 §1(5), 1959).

12.08.082 Requirement that new county roads be maintained
through a county service area.

A.    Prior to any road’s being accepted by the board of supervisors into the county road system as a county highway, the road and parcels benefitted thereby may be included in a county service area providing annual maintenance revenue from charges imposed on each parcel therein in accordance with the provisions of Government Code 25210.77a, so that the costs of maintaining said road are borne by the parcels included in the county service area.

B.    The charges may be determined by apportioning the total cost of the maintenance of said road to each parcel in said county service area in proportion to the estimated benefit from said road to be received by each parcel.  However, said annual charges shall result in no less than five thousand dollars per mile of said road with said amount inflated or deflated annually in accordance with the Consumer Price Index with 1989 being the base year.  The revenue from said charges, less auditing and other administration costs incurred for said county service area, shall be used only for the maintenance of said road.  If in any fiscal year revenue from charges raised in the county service area for said road exceeds the cost of maintaining said road, the excess funds shall be retained and used only for the future maintenance of said roads in said county service area.

C.    The board shall annually fix and collect the charges as set forth in this chapter.  (Ord. 1612 §2 (part), 2005; Ord. 1194 §6, 1989).

12.08.084 Drainage improvements, driveway approaches, postal
service encroachments, and other appurtenances required.

As a condition to any road’s being accepted by the board of supervisors into the county road system as a county highway,.said board shall make a finding that said road has adequate drainage improvements, driveway approaches, postal service encroachments, and other appurtenances necessary to protect said road.  Compliance with said requirements shall be determined by the board of supervisors or its designee.  (Ord. 1194 §7, 1989).

12.08.086 Procedure for establishing and collecting charges
for roads in county service areas.

A.    Once a year the board of supervisors shall cause to be prepared a written report which shall contain a description of each parcel of real property receiving county highway maintenance in the county service area and the amount of the charge for each parcel for such year computed in conformity with the procedure set forth in this chapter.  Such report shall be filed with the clerk of the board of supervisors.

B.    Upon the filing of such report, the clerk shall fix a time, date, and place for hearing thereon and for filing objections or protests thereto.  The clerk shall publish notice of such hearing as provided in Government Code 6066 prior to the date set for hearing.

C.    At the time, date, and place stated in the notice, the board of supervisors shall hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time.  Upon conclusion of the hearing, the board of supervisors may adopt, revise, change, reduce, or modify any charge and shall make its determination upon each charge as described in the report and thereafter, by resolution, shall confirm the report.

D.    The charges set forth in the report, as confirmed, shall appear as a separate item on the tax bill.  The charge shall be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes.  All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to such charge; except that, if for the first year such charge is levied the real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, the charge confirmed pursuant to this section shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection.

E.    Whenever a railroad, gas, water or electric utility right-of-way or electric line right-of-way is included within such service area, or zone thereof, the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be subject to the charges authorized only if, and to the extent that, it is found that it will benefit from the particular extended service, and the railroad, gas, water or electric utility right-of-way or electric line right-of-way shall be subject to the same penalties, and the same procedure and sale, in case of delinquency as other properties in such service area or zone.  In determining whether or not the railroad, gas, water or electric utility right-of-way or electric line right-of-way benefits from the extended service, its use as a right-of-way for a railroad, gas, water or electric utility shall be presumed to be permanent.  (Ord. 1194 §8, 1989).


1

    For statutory provisions relating to the acceptance by counties of roads into the county highway system, see Strs. & Hys. Code §941.