530-30.01 Parking on County Roads.
A.No person shall park or cause to be parked on any county road any commercial motor vehicle, as defined by O.C.G.A. § 40-1-1, overnight or for any other period; provided, however, that disabled vehicles may remain on such property, in an area safely out of the flow of traffic, for a reasonable period not to exceed 24 hours, which time limit may be waived by the Office of the County Sheriff or Marshal Bureau; any such vehicle violating any provision of this subsection may be impounded by the county and/or the Marshal Bureau may issue a citation to the owner or operator of such vehicle. Neither the county nor any of its political subdivisions or employees or agents shall be responsible for any charges incurred or damages sustained in the towing and storage of such vehicles.
B.No person shall park or cause to be parked on any county road any passenger car, motorcycle, or motor driven cycle, as defined by O.C.G.A. § 40-1-1, for any period in excess of seven continuous days.
530-30.02 Maximum Load, Weight and Other Dimensions for Bridges.
A.Pursuant to O.C.G.A. § 32-4-41, the County shall inspect and determine the maximum load, weight, and other vehicular dimensions which can be safely transported over each bridge on the county road system and shall post on each bridge a sign containing a legible notice showing such maximum safe limits, each such sign to comply with regulations of the state department of transportation. The County may request technical assistance from the State Department of Transportation in carrying out this subsection.
B.Pursuant to O.C.G.A. § 32-4-41, it shall be unlawful for any person to haul, drive or bring on any bridge any vehicle, load or weight which in any manner exceeds the maximum limits ascertained and posted on such bridge. Any person hauling, driving, or otherwise bringing on such bridge any such load or weight exceeding the maximum limits so ascertained and posted shall be in violation of this section.
530-30.03 Uncovered Loads.
Pursuant to O.C.G.A. § 40-6-248.1, no vehicle shall be driven or moved on any public road unless such vehicle is constructed or loaded or covered so as to prevent any of its load from dropping, escaping, or shifting in such a manner as to create a safety hazard. No person shall operate or load for operation, on any public road, any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached, or in any manner becoming a hazard to other users of the public road.
530-30.04 Dimension and Weight Limitations.
A.Pursuant to O.C.G.A. § 32-6-20, no vehicle or load shall be operated or moved upon the public roads of the county if a dimension or the weight of such vehicle or load exceeds the limitations specified or indicated in O.C.G.A.
§ 32-6-20 et seq.
B.No person shall operate or cause to be operated any heavily laden motor vehicle along, through, over or across any county road except with a road use permit approved by the county Department of Transportation.
530-30.05 Land Disturbance Permits.
A.No person shall operate a vehicle upon one or more county roads in conjunction with a land disturbance permit for a major or minor temporary work site in such a manner so as to cause damage or unusual wear or tear along a county road as measured by the condition of the road at the time of the application for the road use permit.
B.Where vehicles are expected to be operated upon one or more county roads in conjunction with the disturbance of any major or minor temporary work site, such road use permit shall include the following:
1.A properly completed application on a form approved by the county department of transportation shall be made, such application indicating at a minimum the following:
(a)The county road sought to be operated upon in connection with such land disturbance;
(b)The dates upon which such operations will be made; and
(c)The general use which will be made of the county road for the permitted operation.
(d)The required bond amount based on a per foot usage of the county road(s) utilized.
2.Each application shall include the road use permit application fee as set forth in the schedule of fees and charges on file in the office of the County Clerk;
3.The application shall be made either in the name of the person seeking to operate the motor vehicle or the landowner on whose land any activity may take place;
4.Upon receipt of the permit application, the county Department of Transportation shall inspect the county road sought to be used and shall issue a written report of the county road specified in the application along with any other section or portion of the county road anticipated to be used by the applicant in its operations, such report specifying the general conditions and any defects which are noted; provided, however, that the county shall not be required to inspect any county road designated by the Board of Commissioners as a primary access route. At the discretion of the inspecting department, photographs may be attached showing the general condition of the county road sought to be used;
5.A copy of the report of the inspecting department shall be delivered immediately via e-mail to the applicant. Unless the applicant objects to the contents of the report, there will be a presumption that the condition of the county road is as set forth on the report by the inspecting department, the same objection to be made within 14 days of the date of the correspondence transmitted to the applicant. If the applicant objects to the contents of the report, the permit will be held in abeyance until such time as an agreement is made between the applicant and the inspecting department as to the description of the condition of the county road. If no such agreement can be reached, the applicant may request a hearing as provided in subsection 530-30.06.B.9 of this Section. Appeals from such hearing shall be as provided by State Law.
6.Upon issuance of such road use permit, the Department of Transportation shall cause to be forwarded to the office of the Community Development Department, a notice which shall include the name of the applicant, the section or portion of the county road affected by such permit, and the effective dates of such permit. Such road use permit shall be effective for a period not to exceed 12 months and is subject to inspection by the county department of transportation pursuant to subsection 530-30.06.B.4 of this Section.
7.At any time during the pendency of a road use permit, the county may make an inspection of that portion of the county road or roads which have been utilized by the applicant to determine if there has been any damage or unusual or excessive wear or tear on any portion of the county road.
Provided however, the county shall not be required to inspect any county road or portion thereof which has been designated as a primary access route by the Board of Commissioners.
8.At any time during the applicant's use of the permitted county road, the county Department of Transportation may inspect the road for excessive wear or damage. In the event any damage or unusually excessive wear or tear is exhibited along any portion of the permitted county road as determined by the Department of Transportation, the County may request the permit holder to repair the road. If the repair is not performed to the Department of Transportation satisfaction, the County may cite the applicant holding the road use permit for the major or minor temporary work site for a violation of this article and the applicant may be punished upon a showing of such violation as provided in this article.
9.Pursuant to Section 530-20.05, any person against whom a Stop Work Order is issued may submit the matter for a hearing to the Board of Commissioners by notifying the Board of Commissioners in writing within 14 days from the date of the stop work order, such hearing to be conducted within 14 days from the date the request for hearing is received by the Board of Commissioners.
10.Pursuant to Section 530-20.05 of this section, any person that cannot reach an agreement with the county as to the condition of the county road at the time of application may submit the matter for a hearing by notifying the Board of Commissioners in writing within 14 days from the date of the applicant's objection to the contents of the report detailing the condition Title 3: Chapter 530 of the road, such hearing to be conducted within 14 days from the date the request for hearing is received by the Board of Commissioners.
11.Nothing contained in this procedure for obtaining a road use permit precludes an applicant from applying for and obtaining a Land Disturbance Permit from the Community Development Department if such permit is necessary.
12.If, through inspection, it is determined that the permit holder has failed to comply with the Road Use Permit, a written Notice to Comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the Permit and shall state the time within which such measures must be completed. If the permittee fails to comply within the time specified, they shall be deemed in violation of the permit, and, in addition to other penalties, shall be deemed to have forfeited their bond. The Director of the Community Development Department, in conjunction with the County Attorney, may call the bond or any part thereof to be forfeited any may use the proceeds to hire a contractor to complete the work and bring it into compliance. In the event that either the performance or maintenance securities fail for any reason to cover the costs of brining a project into compliance with approved construction plans, including any deficiency as to form or execution of the securities, then all real estate of the project held by the subdivider/ person is subject to being charged for the costs and such costs shall be a lien upon such real estate for the benefit of Paulding County, Georgia. The lien shall be filed in the records of the Paulding County Superior Court Clerk. The lien shall be assessed coequal to and enforced in the same manner as liens for state and county ad valorem property taxes by issuance of a Fi. Fa. and levy and sales as set forth in Title 48 of the Official Code of Georgia. The lien shall have a duration of 10 years.