(A) Permit application process.
(1) The County Highway Department shall maintain at its office location permit applications that each landowner and/or contractor performing work related to the new construction driveways, driveway access, field entrances and pipe installation must complete.
(2) At the time the landowner and/or contractor files a completed permit application, the applicable permit fees shall be due and payable to the County Highway Department.
(3) The County Highway Department will review the completed permit application and either approve the application and issue a permit or deny the application.
(a) The County Highway Department may place a condition on an issued permit to establish type of material that shall be used as backfill and the size of pipe to be installed.
(b) The landowner or the contractor shall be responsible for moving or removing any landscaping that is located near the site where the work to create a new construction driveway, driveway access, or field entrance is to take place.
(c) Permits issued by the County Highway Department shall be valid for a period of one year following the date the permit is issued. Failure to complete the new construction driveway access, field entrances and/or pipe installation within one year following the date the permit is issued shall result in a new application and permit fee being filed with the County Highway Department.
(B) Coordination with landowner/contractor. The County Highway Department shall contact the landowner/contractor, whomever has been designated on the permit application, concerning the materials required to be used.
(C) Inspection. The County Highway Department shall inspect the new construction driveways, driveway access, field entrances, and/or pipe installation and determine whether each new construction driveways, driveway access, field entrances, and pipe installation complies with the permit requirements and conditions.
(1) In the event that new construction driveways, driveway access, field entrances, and/or pipe installation does not comply with the permit requirements and conditions or is in non-compliance with this subchapter, the County Highway Department shall send notice to correct to the land owner and allow 20 days for the land owner to cure the non-compliance. If, after 20 days, the land owner fails to cure the non-compliance, then the County Highway Department shall cure the non-compliance and issue a bill to the land owner for the labor and materials expended to cure.
(2) In the event that the land owner does not cure the non-compliance and does not pay the County Highway Department for its labor and materials to cure the non-compliance, then the Highway Department shall have the rights to assess a tax lien pursuant to § 152.04 herein against the land owner’s property.
(D) County not responsible for damages. The landowner and/or contractor shall be responsible for damage or destruction of landscaping, locating any utilities or identifying environmentally, historically, or archeologically sensitive areas or other restricted areas. The county and the County Highway Department shall have no liability for damage to landscaping, utility services, or for failure to identify environmentally, historically, or archeologically sensitive areas or disturbing any environmentally, historically, or archeologically sensitive areas in the performance of its services related to the permit application.
(Ord. 2017-16, passed 11-7-2017) Penalty, see § 10.99