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Permanent Road Division


I live on a private road that needs to be maintained. The neighbors don't agree on what needs to be done or how much each of us should pay; some refuse to pay at all!

A group of citizens can form a Homeowners Association, a Road Maintenance Association, a CSA Zone of Benefit, or a Permanent Road Division.
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What is a Permanent Road Division?

A permanent road division is a geographic area formed pursuant to California Streets and Highways Code, Section 1160, et. Seq. to provide road improvements and road maintenance.
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What are the costs associated with forming a permanent road division? Are there other fees required once the division is established?

A $350 application fee is required. This deposit will be used to defray the initial costs associated with division formation.
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If some people don't support the formation, can they prevent the division forming?

If a 2/3 majority of the property owners are willing to sign irrevocable offers of dedication and those controlling the easements is obtained, the formation can proceed.
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Who sets and approves our per parcel fee?

There is one type of fee that can be levied in the permanent road division program, a special tax.
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Who determines what work needs to be done? Who pays for these services?

As part of formation, the members of the division elect an Advisory Committee and identify a Key Contact to act as liaison to the County.
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What about Bylaws?

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Who makes up the Bylaws?

The Department of Public Works will send a sample set of Bylaws to a member of the Advisory Committee shortly after the creation of an Advisory committee.
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Who handles the mailings for the Advisory Committee?

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Are we required to bring our road up to any particular standards? Is there a requirement as to the level of maintenance and/or improvements we must provide?

At this time there are no standards established for division roads, although compliance with Fire Safety Regulations is recommended.
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What happens to the money collected from a division of benefit?

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What happens to our money if we don't use it all during the year? What if we don't have the work done that we budgeted for? Is our money lost? Can it be used by the County for other purposes?

Any funds budgeted but not used within the fiscal year are carried over into the division's account for the next year.
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Can an existing Road Association still levy charges for private road maintenance after a permanent road division is formed for road maintenance purposes?

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What about back assessments owed to a Homeowners Association?

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Are there any restrictions on what can be done on our road?

One requirement of formation is that offers of dedication or easements be granted to the County
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If we cannot post a speed limit on our road, how can we control speeders? What is our liability if an accident should occur?

The California Vehicle Code states that travel on all public roads shall be at a prudent speed that in no way endangers property or life.
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Once a permanent road division is established, can it be dissolved? If so, what is the cost and what happens to any monies we have collected? Does the road revert to being a private road?

A permanent road division can be dissolved by initiation of the Board of Supervisors or by initiation of the property owners or residents.
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Why were some private roads built to County standards and others were not and since we are already paying taxes for roads, why do we need to pay another tax to maintain our road?

The subdivider of your subdivision could have built the roads to a higher standard and offered the maintenance to the County.
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Will an existing Homeowners Association be eliminated when a permanent road division for road maintenance is formed?

No.
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If the design of a road is alleged or proven as casual or contributory to an accident will this type of liability be covered by the County's self-insurance program?

No.
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