§ 82-186. Ownership of road right-of-way.

The ownership of road rights-of-way of new streets may be any one of the following three modes:

(1)

Fee simple and dedicated to Gilmer County: In order for a road to be dedicated to Gilmer County, the following items are required.

(a)

Satisfactory inspections per subsection 82-202(a).

(b)

The preliminary plat must have declared that the roads were intended to be dedicated to Gilmer County.

(c)

Executed right-of-way deed from the developer, along with an attorney's certificate of title.

(d)

Acceptable maintenance security for a period of two years.

(e)

Completed construction of the road and all utilities installation, or acceptable performance security.

(f)

Majority vote of acceptance by the Gilmer County Board of Commissioners.

(g)

Executed certificate of road dedication on the final plat.

(2)

Fee simple and owned by a property owners association: In order for a final plat to be approved having ownership of road rights-of-way to be held in fee simple, the following items are required:

a.

Satisfactory inspections per subsection 82-202(b).

b.

Covenants and restrictions or other documentation must provide for road maintenance terms through the property owners' association.

c.

Private road maintenance review executed on the final plat.

d.

Property owners association certificate executed on the final plat.

e.

Private road maintenance acknowledgement executed on the final plat.

f.

If the new lots will be served by roads governed by an existing property owners association, documentation shall be provided that the property owners association accepts the new lots and or streets.

g.

Private road construction certificate.

(3)

Easement-hold interest by the adjacent lot owners: Under this provision, ownership of the adjacent lots may extend to the center line of new roads. In order for a final plat to be approved having ownership of the road right-of-way held by the adjacent lot owners, the following items are required:

a.

All minimum lot sizes shall be met exclusive of any road right-of-way.

b.

An area table shall be placed on the final plat that states for each lot the area within road right-of-way, the area outside of road right-of-way, and the total area.

c.

Private road maintenance review executed on the final plat.

d.

Private road maintenance acknowledgement executed on the final plat.

e.

Acceptable private road maintenance agreement, either previously recorded or to be recorded with final plat.

f.

Satisfactory inspections per subsection 82-202(b) by the Gilmer County Road Department.

g.

Private road construction certificate.

(Ord. of 3-27-2003(5), § 3.514; Res. No. 06-47, 3-8-2006; Res. No. 10-006, 1-28-2010)