§ 15-6. Entrance policy
(a) Introduction: This policy is adopted by the county commission acting pursuant to the power and authority granted by K.S.A. 68-543. The purpose of this policy is to establish written guidelines for new and existing entrances and to regulate ingress and egress to the county road system. The ultimate goal is to provide the maximum convenience and protection of the traveling public.
(b) New entrances: According to state law, property owners are entitled to reasonable access to their property. All proposed entrances require an "application for new entrance" form to be completed by the land owner. The application must be approved and a permit issued by the public works department before any work within the county right-of-way is allowed. The following items are standards regulating the compliance of new entrances.
(1) The location of all proposed entrances require approval by the public works department. Under certain circumstances, such as a proposed entrance having poor sight distance, the application for a proposed entrance may be denied.
(2) The landowner is responsible for all costs involved in construction of the new entrance and any subsequent ditch cleaning required. Construction may be completed by a contractor or the applicant. All entrances constructed on all weather roads shall be required to have three inches of AB-3 base material placed between the right-of-way line and the edge of the roadway as a minimum surface treatment. The cost of all surfacing types shall be the owner's responsibility. Any and all ditch cleaning required, both upstream and downstream, shall be completed at the applicant's expense regardless of who installs the entrance.
Construction staking of the pipe flow lines and any required ditch cleaning shall be completed by the public works department and constructed according to such staking.
(3) Proposed entrance locations within 125 feet of an intersection shall be denied due to safety concerns.
(4) When a structure is required for drainage, the structure shall be a new pipe, made of either corrugated metal or reinforced concrete. Flared end sections shall be required on all pipes. Polyethylene pipe and used pipe shall not be permitted. If a drainage structure is required that has an opening larger than a pipe can provide, the applicant shall have the large drainage structure constructed by a contractor approved by the public works department. Plans for large structures shall be prepared by a licensed professional engineer and approved by the public works department. All new entrance pipes shall have a minimum length of 24 feet, not including end sections, and a minimum height of 18 inches. However, the maximum length for pipes shall be 50 feet. A minimum of 12 inches of cover material shall be required over the top of the pipe. The completed entrance surface shall be at or below the elevation of the shoulder of the existing roadway and shall be constructed in such a manner as to not direct drainage onto the roadway.
(5) If the existing right-of-way is too narrow for the entrance pipe, end sections and back slopes to be constructed within said right-of-way, the landowner shall donate the necessary right of way to the county for said construction. The amount of additional right-of-way required shall be determined by the public works department.
(6) No head walls of any kind shall be permitted on the ends of pipes.
(7) The applicant/contractor shall be responsible for notifying all utility companies prior to beginning work. [State of] Kansas law requires the use of the [State of] Kansas One-Call System (1-800-344-7233) before any and all excavation. Rural water districts are not covered by the one-call system but applicant/contractor is also required to contact the appropriate water district/districts.
(8) The applicant/contractor shall be responsible for providing all necessary traffic control items during construction. Traffic control items and usage of them shall be in accordance with the "Manual on Uniform Traffic Control Devices," current edition.
(9) The applicant/contractor shall provide insurance and shall furnish a certificate of insurance or proof of adequate liability insurance to the public works department indicating the following coverage:
a. Comprehensive liability: Bodily injury and property damage for which the applicant is responsible with limits of $250,000.00 per person and $500,000.00 per occurrence.
b. Workman's compensation: $100,000.00 to cover claims of the contractor and the contractor's employees, if applicable.
The applicant, his successor, or assigns, shall assume all risk and liability for accidents and damages that may occur to persons or property as a result of this work, and shall indemnify and hold the county harmless from any and all costs, liabilities, expenses, suits, judgments, or damages to persons or property or claims of any nature whatsoever arising out of or in connection with the work being permitted, or the operation and performance thereunder by the applicant, their agents, employees, or subcontractors.
(10) All new entrance construction shall require final inspection and approval by the public works department. Entrances for new homes or buildings must pass final inspection and have approval prior to any building permit being issued by the planning and zoning department.
(11) After the new entrance has been accepted by the final inspection process, the maintenance of the entrance pipe and ditch drainage shall be the county's responsibility. Maintenance of the surface and additional surfacing material shall be the owner's responsibility.
(12) If any new entrance is installed without a permit, the owner shall have 30 days to bring the construction into compliance with this policy.
(13) Noncompliance with any of the terms of this policy or the entrance permit may be considered cause for shut down of operations or revocation of all permits. By signing the application, the property owner consents to the county performing any and all work required pursuant to this policy. The property owner further consents, should the county incur costs in bringing the entrance into compliance with the policy, the owner agrees to pay the county for said costs.
(14) Upon request by the petitioner, the county commission may consider variances to the entrance policy.
(15) Installation of all mailboxes shall conform to the county mailbox policy (Policy No. 2000-102).
(c) Existing entrances:
(1) Maintenance of all existing entrance drainage structures and ditches within county right-of-way is the responsibility of the county. However, in the event of damage to entrance pipes caused by negligence, construction activities by others, or repeated inattentive driving, the public works department may charge the offending party for replacement of said damaged pipe.
(2) When an existing entrance is replaced by the public works department under routine maintenance and the entrance has existing head walls, those head walls shall not be replaced. End sections shall be installed and the head wall materials shall be removed. If the owner wishes, the public works department may place the head wall materials on their property adjacent to the right-of-way line.
(3) As stated in subsection (b)11., the owner is responsible for maintenance of the surface on their entrance. When entrance pipes are replaced by the public works department, the surfacing shall be repaired with existing type of surfacing.
(4) A "new entrance" permit is required to widen or relocate any existing entrance. Under these circumstances the provisions set out under "new entrances" shall apply except for the relocation or widening of a mound entrance. Relocating or widening a mound entrance only requires the applicant to provide necessary traffic control during construction, notify all utility companies and water districts prior to beginning work and provide a certificate of insurance or proof of adequate liability insurance to the public works department.
(5) Whenever it is necessary for the public works department to construct a ditch along a public road at such depth that ingress and egress is obstructed or existing entrances are no longer functioning properly, it has been the policy of the county to provide and maintain access over said ditch so as to make a good and safe crossing. The county shall bear all costs associated with such entrance.
(6) The county does not assume any responsibility for the removal or clearance of snow or ice, or the opening of windrows of such material, upon any portion of any entrance.
Entrance Policy—Exhibit A
(Res. No. 01-1688, 3-6-01)