This chapter provides the legal means to prevent damage to Mercer
County roadways and rights-of-way under its maintenances and jurisdictional
responsibility within this County, and for keeping same safe and convenient
for the traveling public at all times.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person or persons, firm, corporation, or municipality
desiring to disturbance, open or make any type of excavation in any
County road and/or County rights-of-way.
COUNTY ENGINEER
Engineer responsible for all County-related infrastructure
and has the authority to reject work that is not in conformance with
County policies and procedures and direct its removal and replacement.
The County Engineer has the final decision if there is a dispute with
the applicant's road opening permit or procedures.
COUNTY RIGHT-OF-WAY
The land, property, or interest therein acquired for or devoted
to transportation purposes or construction of a public improvement.
COUNTY ROAD
A general term denoting a public way for purposes of vehicular
travel, including the entire area within the County right-of-way.
RIGHT-OF-WAY OCCUPANCY PERMIT (ROWOP)
Placement of signs within County right-of-way; storage of
equipment; dumpster storage; placement of utility poles adjacent to
the roadway; placement of utilities under the roadway by boring or
jacking and also event closures. Application fee waived if modifications
are shown specifically on an approved site plan.
ROAD CONSTRUCTION PERMIT (RCP)
New driveway or street; excavation of the existing roadway
surface; road widening; disturbance to the road surface; tie-in to
a County drainage structure. Application fees waived if depicted on
an approved site plans/subdivisions.
The following actions by the applicant shall be prohibited and
subject to penalties and fines:
A. The disturbance of any County roadway or right-of-way by the locking
of wheels of any vehicle or attaching a drag or other mechanism to
the same is hereby prohibited in this County.
B. The obstruction or damage to any County roadway or right-of-way by
the spilling, filling, flowing, or throwing of stones, dirt, earth,
foreign objects, or other materials thereon.
C. Placement or causing the placement of any snow, ice, frozen objects,
or any type of materials or articles upon any part of the traveled
County roadway or upon any County bridge by any means, which results
or may result in any accumulation on the traveled County roadway,
no matter how far it may travel before reaching the County road.
D. Placement of any snow, ice, frozen object, or any type of materials
or articles upon any part of the intersection of any roadway, driveway,
etc. with a County road, as to cause a site obstruction, no matter
how far it has traveled before reaching the County road.
E. Failure to remove snow, ice or other frozen material or articles
placed upon any part of the County road or within an intersection
with a County road, so as to cause a sight obstruction or an obstruction
to vehicular or pedestrian traffic; no matter how it was placed there
by any person, persons, firm, corporation, contractor, utility, or
municipality.
F. Placing of brush, trees, growth, or any other type of article upon
any County road.
G. Filling of gutters along any County roadway by dirt, fill, earth,
foreign objects, or any other materials.
H. Diverting surface, sump pump and other runoff waters to and upon
County roadways, rights-of-way, drains, gutters, bridges, and culverts.
I. Placing earth, dirt, stones, foreign objects, or any other materials
or articles upon any part thereof except in accordance with the provisions
of this chapter, and no person, persons, firm, corporation, or municipality
shall do or cause to be done any act including the construction of
buildings, private or public roadways, grading, landscaping, or otherwise,
which shall cause or result in the accumulation of dirt, silt, earth,
foreign objects, or any other materials upon the County roadway or
right-of-way, stormwater drainage facilities, gutter, bridge, or culvert.
J. Constructing any road, driveway, access, curb, or other structure
intersecting with, or entering upon, any County roadway or County
right-of-way, or any road, street or right-of-way which the County
of Mercer is responsible to maintain or have jurisdiction there over
without first submitting a detailed plan of said curb, driveway, access
or intersecting roadway (whether a public or private roadway) to the
County Engineer for review and approval.
K. Placing earth, dirt, stones, landscaping materials or equipment that
shall cause or result in unacceptable sight distance restrictions
or allowances that would jeopardize the safety of the general public
in any way.
L. Blasting within the County road, street, or right-of-way; unless
the Permittee has complied with all of the requirements as stipulated
in the local municipal jurisdiction requirements.
M. Tunneling under County roads is prohibited unless approved by the
County Engineer.
The County Sheriff is charged with the enforcement of all provisions
of these regulations stipulated in this chapter and is hereby designated
as the Agent acting in behalf of the Board of County Commissioners
of the County of Mercer.
The provisions contained in this chapter shall supersede all
other prior provisions, rules, regulations and practices concerning
highway access and highway occupancy.