county right of way - Dawson County, Montana

advertisement
PERSONNEL

The administrative and working personnel of the Dawson County Road Department shall
be as follows:
 Road Supervisor
 Administrative Assistant
 Road Foreman
 Operators
 Mechanic/Sign Manager/Shop Foreman
 Construction Crew Foreman
 Laborers

All new employees must fill out the required personnel forms at the Dawson County
Clerk & Recorders Office at the Dawson County Courthouse prior to reporting to work at
the County Shop.

All new employees must review the Dawson County Employee Handbook and must sign
a “Verification of Receipt” to be placed in the employees personnel file at the County
Shop acknowledging they received, reviewed and understood the employee handbook.

All New permanent, full time employees must possess a commercial driver’s License
(CDL) or be able to obtain a CDL with in one (1) year of hire date and must maintain it
while employed with the Dawson County Road Department. The county will pay for any
and all fees required to obtain and maintain the CDL while employed with the county.

All new, permanent, full time employees must submit and pass a pre-employment urine
test and will be subject to random urine and alcohol tests as required by state and
federal laws.

Upon approval and authorization by the Road Supervisor, use of shop and tools, may be
used by Dawson County Road Department employees. Employees must be off duty and
must not interfere with or be in the way of other employees who are on duty.
1

Employees will submit, daily, an accurate record of the type of work performed,
equipment used, materials used, fuel used and/or road number of road that was worked
on each day.

In the absence of the Dawson County Road Supervisor, the Administrative Assistant will
assume all administrative roles and responsibilities and the Road Foreman will assume
all construction roles and responsibilities.
SCHEDULE, HOURS, PAY

The Dawson County Road Department work week will consist of four (4) ten (10) hour
shifts Monday through Thursday from 0700 and ending at 1730 or, upon approval from
the Road Supervisor, employees may work five (5) eight (8) hour shifts Monday through
Friday from 0700 to 1530.

1/2 hour allowed for a non-paid lunch break.

Time sheets will be properly filled out, signed and turned in to the road department’s
Administrative Assistance’s office by 1730 on the last day of each pay period. Failure to
turn in time sheets may result in delay of pay check until the next pay period.

Pay checks will be distributed on Tuesday every two (2) weeks. If a recognized holiday
falls on a Tuesday, paychecks will be distributed the Monday before.

If a recognized holiday falls on a Friday, Road Department employees who work the four
(4) ten (10) hour shifts will be assigned an alternate day off in observance of the holiday.

8 hours of holiday pay will be given to each employee per holiday.

Overtime must be authorized by the Road Supervisor.
2
ROAD AND BRIDGE POLICIES
1. DEFFINITIONS AND RESPONSIBLITIES
Dawson County shall be responsible for the care and maintenance of any road in
Dawson County that has been defined, designated and accepted as a county road in
accordance with Montana Code Annotated (MCA) 7-14-21 through 7-14-26.
2. ADOPTING, ABONDONING OR CLOSING OF ROAD
The adoption of a road into the county maintenance system or closing and/or
abandoning a county road by Dawson County will be done according to MCA 7-142601 through 7-14-2622.
3. COUNTY RIGHT OF WAY
a. The county has a minimum 60 feet right of way on all designated county roads
that begins from the centerline of the road and extends 30 feet out on both sides
of the road. Depending on the circumstances of the road, some county
designated roads may have a 100 feet right of way.
b. All Federally Aided Secondary (FAS) declared county roads has a right of way of
100 feet that begins from the centerline of the road and extends 50 feet out on
both sides of the road.
c. The county will not allow farming within any part of its right of way. If landowner
chooses to illegally farm within any county right of ways, the county will not be
liable or responsible for any damages caused by blading, spraying, mowing or for
any other reason, to any crops farmed on the county right of way.
3
4. BLADING OF COUNTY ROADS
a. The Road Supervisor will assign certain areas to blade operators in which they
will be responsible to maintain.
b. Due to the significant amount of miles of roads within Dawson County and
unforeseen circumstances, there will be no guarantee that each designated
county road will get bladed more than once per year unless in obviously unsafe
conditions as determined by the Road Supervisor.
5. SNOW PLOWING AND SANDING
a. SNOW PLOWING
 The county is not required to plow any snow on any road if less than 6”
deep unless determined by the Road Supervisor.
 When determined that plowing is necessary by the Road Supervisor, the
county will plow snow on county roads in the following priority order:
1. School Routes
2. Mail Routes
3. All other roads according to route and system as prioritized by
road supervisors or if more than 6” of snow is present that would
require plowing as determined by the Road Supervisor.

If an immediate medical emergency arises, roads to the emergency will
become top priority.
 The county will not plow roads during unsafe conditions, inclement
weather, or any other unforeseen circumstances.
b. SANDING
 The county will sand certain designated areas as needed and determined
by the Road Supervisor.
4
6. CATTLE GUARDS
a. All cattle guards presently in place on designated Dawson County Roads are the
property of Dawson County to maintain and replace as needed.
b. Landowner(s) shall petition the board of Dawson County Commissioners for the
installation of cattle guards on a designated county road. Upon approval of the
petition, the Dawson County Road Department will install the cattle guard and
bill the petitioning landowner for the costs of the cattle guard, foundations
(bunks) and installation at the current cost price. Once installed, the cattle guard
becomes property of Dawson County to maintain and replace as needed.
c. The minimal width for all cattle guards shall be twenty-four (24) feet unless
written approval is obtained by the Dawson County Board of Commissioners.
d. Landowner(s) shall petition the board of Dawson County Commissioners for the
removal of cattle guards on a designated county road. Upon approval of the
petition, the Dawson County Road Department will remove said cattle guard and
the cattle guard will remain the property of Dawson County.
7. MAILBOXES
a. All new mailboxes must conform to the United States Postal Services Regulations
and Requirements
b. All mailboxes must be placed off of the road shoulder.
c. County will not be responsible or liable for any damages to mailboxes.
5
8. FENCES
a. The county does not allow the placing of fence within any part of its right of way
unless landowner petitions to place a fence in the county right of way by filling
out the Encroachment Application & Permit and a Petition to Place Fence in
County Right of Way and upon commissioner approval.
b. Dawson County can at any time revoke the Petition to Place Fence in County
Right of Way and will give a thirty (30) day advanced written notice to
landowner of the revocation of the petition.
c. The county will not be liable or responsible for any damages or injuries of any
kind for any reason due to a fence placed in its right of way.
d. The landowner(s) will be held liable and responsible for any and all damages or
injuries of any kind due to their fence being placed in any part of the county right
of way.
e. During plowing season, the county will not be liable or responsible, for any
damages to fences caused by moving snow whether the fence is inside or
outside the county right of way.
f. The county may request and/or demand that landowner(s) remove fence placed
with in the county right of way at the cost of the landowner, even if a Petition to
Place Fence in County Right of Way has been previously approved. If
landowner(s) refuses to remove the fence off of the county right of way, the
county reserves the right to remove any fence off of its right of way and the
county is not required or expected to reinstall the fence once it has been
removed from the county right of way.
g. If the county is forced to remove a fence, the landowner(s) will be responsible
for all costs incurred and the county will bill the landowner for removal of fence.
Costs of removal of a fence will include cost of wages, cost of fuel, and cost of
equipment rental as set forth by the current FEMA Schedule of Equipment Rates.
6
h. Any damages, injuries or cost of fence removal will be billed to the landowner
and payment must be made in full within 30 days of date of invoice. Failure to
pay will result in late fees, and, if necessary, legal actions to collect the debt
and/or will be included on the county tax notice.
9. SIGNS, WEIGHT LIMITS, AND SPEED LIMITS
a. SIGNS—The County will place and maintain proper Traffic Control Devices (signs)
in areas deemed necessary by the Road Supervisor for the control and safety of
the traffic on its roads. The county understands and realizes that the excessive
use of signs can be a distraction, causing unsafe conditions, so the county tries to
keep signage down to a bare minimum. All signs will be placed in accordance to
the Manual on Uniformed Traffic Control Devices (MUTCD).
b. WEIGHT LIMITS—The County may establish weight limits on county roads where
it may feel they are needed and in accordance with MCA 7-14-2127. Those who
violate the weight limit restriction will be held liable and responsible for all
damages caused to the road and legal actions may be taken for cost of damages.
c. SPEED LIMITS – The county commissioners may establish speed limits
throughout the county as needed in accordance with MCA 61-8-3.
10. BRIDGES
a. Weight limits may be placed on county bridges as determined by the Road
Supervisor and as provided by law.
b. Any and all heavy or overloaded vehicles/equipment, crossing over any low
tonnage bridge, does so entirely at their own risk and will assume all liability for
any injuries or damages to equipment and costs of repairs of the bridge. Dawson
County will not be liable for any injuries or damages.
7
11. ENCROACHING, TRENCHING, AND/OR BORING OF COUNTY ROADS AND
COUNTY RIGHT OF WAYS
a. The county recognizes that at times, its roads may need to be encroached upon.
In circumstances where an encroachment must take place, a Permitee must
obtain and properly fill out an Encroachment Application & Permit. Once the
completed Encroachment Application & Permit is received by the Dawson County
Road Department it will be inspected by the Road Supervisor and approved by
the County Commissioners. NO form of work may take place until the
Encroachment Application & Permit has been inspected and approved.
b. “Encroach” refers to any forms of trenching, boring, approaches, excavations or
any work conducted or utilities installed on county roads or in county right of
way. “Utilities” refers to all forms of cables, lines, piping, and any other forms or
reasons for encroaching on county roads and right of way. “Permitee” refers to
any person(s) or entities wishing to encroach upon county roads or right of way.
Public utility companies must use the Public Utility Encroachment Application
and Permit.
c. The following stipulations will be expected under all forms of Encroachment
Application and Permits:
 Any paved roads will not be cut or trenched. Only boring is permitted.
 In order to minimize disturbance, boring under the county roads and
right of ways will be required whenever possible as determined by the
Road Supervisor.
 Permitee MUST inform the Road Supervisor at least 24 hours in advance
before any work begins. Failure of informing the Road Supervisor may
result in the immediate halting of the work on the encroachment until
Road Supervisor ok’s the commencement of work.
 All work contemplated under the Encroachment Application & Permit
shall be done under the inspection and to the standards and satisfaction
of the Road Supervisor.
8
 A minimum depth of 48 inches must be used when laying any utilities
through, under or across a county road or with in the county right of way.
A depth of less than 48 inches may be allowed depending on the
circumstances AND with the advanced knowledge and written approval
of the Road Supervisor.
 Installing any utilities in the road or on the shoulder of the road is strictly
prohibited unless written approval from the Road Supervisor is obtained.
 Any utilities installed in the county right of way that will run parallel to
the county road must be installed as close to outside edge of the county
right of way as possible and as determined by the Road Supervisor.
 Installing any utilities through a culvert or cattle guard is strictly
prohibited and NO exceptions will be allowed.
 Installing any utilities near any culverts or cattle guards will be approved
only if a certain distance from the culvert or cattle guard is maintained as
agreed upon by the Road Supervisor and the entity wishing to install lines
near a culvert or cattle guard.
 All encroachments made from, upon or in any of the county roads or right
of way for the purpose of constructing a sewer, water, or petroleum line
shall be backfilled with sand to a depth of six (6) inches below the line
and six (6) inches above the completed surface of the utility lines. The
sand backfill shall be tamped around the utility line to insure a minimal
amount of settling around the line. Gravel shall be used for backfilling for
the remainder of the encroachment.
 All forms of encroachments upon or in any of the county roads or right of
way shall be backfilled with gravel and shall be tamped every 12-18
inches of backfill to insure a minimal amount of settling. All encroaches
shall be backfilled so that the original ground surface level will be
maintained. The Permitee will restore the same surface that was on said
9
county road or right of way at the time the encroaching was commenced
and shall resurface it in a manner suitable to the Road Supervisor
 In accepting the Encroachment Application and Permit, Permitee agrees
that the county is free of all liability and responsibility of any damage or
injury done to any installations or structures caused by the county, or by
a contractor working for the county who is engaged in construction,
alterations, repair, maintenance or improvement of the county road or
right of way and Permitee, at its sole expense, shall be entirely liable and
responsible.
 In accepting the Encroachment Application and Permit, Permitee agrees
they will be, at its sole expense, 100% liable and responsible for any and
all problems and maintenance issues that may arise due to the
encroachment on county roads and right of ways. In cases of trenching
into or boring under a county road, Permitee will maintain such liability
and responsibility for a minimum of 6 months and up to 12 months as
deemed necessary by the Road Supervisor. At the discretion of the Road
Supervisor, a Release of Liability form will be signed after 6-12 months
releasing Permitee of all liability and responsibilities of the condition of
the county road or right of way.
 Any and all maintenance due utilities will be at the sole expense of the
Permitee for the lifetime of the utilities.
 If it is determined that due to the improper and/or unapproved
installation of utilities within county roads or right of way, the owner of
the utilities assumes all liability and responsibility for any damages
caused to any equipment or any injuries, to include medical costs, caused
to any one, and the cost of repairs to the county road, right of way or
equipment as well as all the loss of wages to an injured county employee.
 The County reserves the right to bill Permitee for any work done by the
county to correct problems that are caused from their encroaching on
10
county roads or right of way. Billed work can include cost of operator’s
wages, parts and materials, cost of fuel and cost of equipment according
to the current FEMA Schedule of Equipment Rates. Payment must be
made in full within 30 days of date of invoice. Failure to pay will result in
late fees, and, if necessary, legal actions to collect the debt and/or will be
included on the county tax notice.
 All company’s or entities of utility lines, pipe lines, power lines, telephone
lines or cable lines that are placed within in the county roads and right of
way shall be constructed and the lines laid in a manner to allow adequate
grading, rebuilding, and maintenance of road beds and ditch grades. All
lines shall be a minimum of four (4) feet below the ditch grade unless
otherwise approved by the Road Supervisor.
 No work shall be commenced until the Encroachment Application and
Permit has been approved and the appropriate fee, if applicable, is paid.
If any work commences or has commenced before the Encroachment
Application and Permit is approved, permit will be denied and may result
in the removal of such utilities that were wrongfully installed.
 If Dawson County changes its road, necessitating changes in structures or
installations installed on county roads or right of ways under the
Encroachment Application and Permit, Permitee, at its sole expense, shall
make necessary changes according to the Road Supervisor. If such
changes are needed, the county will send a notice of required changes
that are needed. Permitee will have 14 calendar days from the date of
notice to make the required changes. If changes are not made within the
14 days, the county has the right to make the necessary changes and bill
the landowner for the work which can include cost of operator’s wages,
parts and materials, cost of fuel and cost of equipment according to the
current FEMA Schedule of Equipment Rates. Payment must be made in
full within 30 days of date of invoice. Failure to pay will result in late fees,
11
and, if necessary, legal actions to collect the debt and/or will be included
on the county tax notice.
 If work done under an Encroachment Application and Permit interferes in
any way with the drainage of the county road or right of way, Permittee
shall, at its own expense, make such provisions as the Road Supervisor
may direct to take care of said drainage. A notice of required changes will
be sent by the county to the address shown on the application. Permitee
will have 14 calendar days from the date of notice to make the required
changes. If changes are not made within the 14 days, the county has the
right to make the necessary changes and bill the landowner for the work
which can include cost of operator’s wages, parts and materials, cost of
fuel and cost of equipment according to the current FEMA Schedule of
Equipment Rates. Payment must be made in full within 30 days of date of
invoice. Failure to pay will result in late fees, and, if necessary, legal
actions to collect the debt and/or will be included on the county tax
notice.
 All forms of encroaching shall be properly barricaded or marked. All
barricades or makers shall be adequately lighted or adequately
reflectorized to be visible at night and must comply with Montana State
Law. Flag persons shall be on the job site where required by Montana
State Law or the Road Supervisor.
 If work shall interfere with traffic, traffic control programs shall be
approved by the Road Supervisor before commencement of work. The
approved program shall be considered as a minimum and shall, in no
way, relieve or discharge Permitee from any of the obligations assumed
by accepting the Encroachment Application & Permit.
 Upon completion of work, any and all rubbish, debris, mud, dirt, or large
rocks must be immediately removed and the county road and right of
12
way left in a neat and presentable condition satisfactory to the Road
Supervisor.
 If Permitee wishes to remove any utilities that were installed on county
roads or right of ways shall inform the Road Supervisor at least 24 hours
in advance of removal of utilities and restore the premises to a condition
as inspected and approved upon by the Road Supervisor. Permitee agrees
they will be, at its sole expense, 100% liable and responsible for any and
all problems and maintenance issues that may arise on county roads and
right of ways due to the removal of said utilities. Permitee will maintain
such liable and responsibility for a minimum of 6 months and up to 12
months as deemed necessary by the Road Supervisor. At the discretion of
the Road Supervisor, a Release of Liability form will be signed after 6-12
months releasing Permitee of all liability and responsibilities of the
condition of the county road or right of way.
 If the duration an Encroachment Application & Permit was designated as
“lifetime” and Permitee wishes to remove the utilities under the permit,
they must, in writing, inform the county of the desire and reasons for
removing the utilities.
 The Encroachment Application & Permit shall not be reassigned unless
written notice of reassignment is received by the Dawson County Road
Department.
 The Encroachment Application & Permit can be revoked by the county at
any time for any reason. If revoked, the county will give the Permitee a
fifteen (15) days written notice of the revoked Encroachment Application
& Permit, sent to the address shown on the application.
 If the Permittee violates any conditions set forth in the Encroachment
Application & Permit, the county reserves the right to revoke the permit
without any notice.
13
 All applications will be kept on file at the Dawson County Road
Department. A copy of the Encroachment Application & Permit will be
available upon request.
12. DAMAGE TO COUNTY ROADS, BRIDGES & CATTLEGUARDS (AUTOGATES)
a. The use of large or heavy loads or equipment (including increased truck traffic)
on muddy roads or during adverse weather conditions such as snow, ice, rain,
heat, etc... that would cause damage, excluding normal wear and tear as
determined by the Road Supervisor, on county roads, bridges, and cattle guards
is prohibited. The county, if necessary through legal actions, will seek
reimbursements for any repairs of any such unnecessary damages.
b. The use of large or heavy loads or equipment (including increased truck traffic)
under normal weather conditions that would cause damage, excluding normal
wear and tear as determined by Road Supervisor, on county roads, bridges, and
cattle guards is prohibited. The county, if necessary through legal actions, will
seek reimbursements for any repairs of any such unnecessary damages.
c. Anyone wishing to use county roads, bridges, or cattle guards for the
transportation of large or heavy loads causing increased truck traffic beyond
normal as determined by the Road Supervisor, must obtain and strictly adhere to
a Haul Route Agreement with Dawson County.
13. SEISMOGRAPHIC TESTING
a. The company performing any seismographic testing assumes all liability and
responsibility for any and all damages to the county right of way, as deemed by
the Road Supervisor, by seismographic testing. Any and all damages will be
corrected by the seismographic company to the satisfaction of the Road
Supervisor.
14
14. WORK ON PRIVATE ROADS
a. If requested by a landowner and upon approval and an agreement between a
landowner and the Road Supervisor, the county, at its discretion may construct
and/or maintain private roads. The landowner will be liable for all cost of the
construction and/or maintenance of the private road according to the current
FEMA Equipment Hourly Rates. These costs will also include cost of fuel, wages,
parts & materials.
b. Anyone wishing to establish a new approach must obtain and adhere to the
Dawson County Encroachment Application & Permit.
c. If requested by a landowner and upon approval and an agreement between a
landowner and the Road Supervisor, the county, at its discretion may construct
and/or maintain an approach for private roads. Landowner will still need to
obtain and adhere to a Dawson County Encroachment Application & Permit.
Landowner will be liable for all costs of construction and/or maintenance of the
approach according to the current FEMA Equipment Hourly Rates. These costs
will also include cost of fuel, wages, parts & materials.
d. All approaches will be constructed in a manner where the approach aligns and
meets the county road. When bladed county roads, the county will not be
expected to and/or be responsible for maintaining a smooth transition of private
approaches onto county roads.
e. All approaches are required to include the proper size culvert, as determined by
Road Supervisor, to allow free and adequate flow of water in the county barrow
ditch.
15
15. CONTROL OF IRRIGATION WATER IMPACTS ON COUNTY ROADS IN
IRRIGATION DISTRICT
a. The county will allow, in some areas, the use of the barrow ditch in the county’s
right of way as an irrigation drainage ditch if approved in writing by the Road
Supervisor.
b. The landowner(s) using the barrow ditch will keep it clean and free of all debris
at all times. They will ensure the bottom is cleaned and there is a 2-1 in slope
and a 3-1 back slope.
c. When cleaning, the landowner(s) must not leave piles of mud, dirt, & debris
piled up along the barrow ditch or anywhere on the county right of way.
d. Landowner will be responsible for cleaning out all culverts used to carry
irrigation drainage water.
e. Failure to keep county right of ways and culverts clean and clear will result in the
denial of use of county barrow ditch for irrigation drainage.
f. If landowner blocks any irrigation waters either intentionally or negligently, they
will be responsible for all injuries to any persons and damages to any county
property, other landowners’ property and their own property caused by the
blockage.
16. RENTAL AND/OR LOANING OF EQUIPMENT
a. The Dawson County Road Department may loan or rent equipment to other
departments. If rented, rates will be charged either hourly or daily as determined
by the Road Supervisor. Rates will be charged according to FEMA Equipment
Hourly Rates or by an amount agreed upon by Road Supervisor and department
head of department renting the equipment. Whether rented or loaned, some
pieces of equipment will require a certified operator to operate it. Operator’s
hourly pay will be charged to the department needing the equipment.
16
17. GRAVEL PITS
a. Due to the size of Dawson County and the high number of miles of roads in
Dawson County, it is a major convenience to have permitted gravel and scoria
pits throughout the county for the use applying aggregate material to county
roads. Dawson County encourages landowners to be proactive in allowing the
county to permit a gravel or scoria pit on their land.
b. When permitting a pit, the county will work closely with the landowner of whose
land the pit will be located on, in all aspects of the permitting process.
c. The landowner may choose to donate the aggregate to the county at the going
market cost of the gravel and the donation can be used as a tax write off. The
landowner must fill out an Aggregate Donation Form and, upon request; the
county will provide a Donation of Aggregate Receipt for tax purposes. The
landowner may also choose to sell the material to the county at a certain price
per cubic yard as negotiated and agreed upon by the landowner and the Road
Supervisor.
d. The county will, if requested by landowner, haul and spread aggregate, one time
only, on an already established private road or driveway in exchange for allowing
the county to obtain an open cut mining permit, long or short form, on their land
for the purpose of mining aggregate material for the use on county roads.
e. The county will obtain an open cut mining permit according to MCA 82-4-401
through 82-4-446 through the Department of Environmental Quality (DEQ) and
will abide by the laws and rules as spelled out by the DEQ in the permit. The
county will obtain approval from the landowner if the county wishes to expand
the pit boundaries.
f. The county may allow a third party to operate under its permit in return for a
certain amount of crushed material free of charge. The amount of material will
be negotiated between the Road Supervisor and the third party representative.
17
g. In the case of a third party operating out of the pit, the landowner has the right
to charge the third party for any and all material removed from the pit.
h. Any time the county deals with a third party entity, a Contract of Agreement and
Understanding and the county Haul Route Agreement, both as drafted by the
county, will be required between the county and third party.
i. To protect the rights of the county and the landowner, a memorandum of
understanding will be agreed upon between the landowner and the county.
18. VIOLATIONS OF ROAD POLICIES AND/OR RESOLUTIONS
a. Offending landowners, entities, or companies will receive an official Letter of
Violation and will have ten (10) days from date of letter to correct or respond to
the violation. If violation is not corrected or responded to within the ten (10)
days of date of letter, the county will take appropriate actions to correct the
violation and will bill the responsible party for the costs of correcting the
violation. If the violation is a safety issue the county will immediately correct the
violation and then bill the responsible party. The responsible party will have ten
(10) days of date of invoice to pay in full. If not paid in full late fees will occur. If
the responsible party refuses to pay the bill, legal actions may be taken and the
debt may be included on the county tax notice.
18
Download