(A) Administrative responsibility. The Board of Commissioners of the county shall establish the procedures and responsibilities for the administration and enforcement of this chapter in accordance with the following provisions.
(B) Permit required; application; fees and charges.
(1) It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any county road or right-of-way within the county or to attach or remove any wire, pipe or conduit from any county bridge, overpass or underpass, except for the purpose of making installations pursuant to contract with the county, without first filing with the County Highway Engineer a written application for permit to make a cut or excavation, or to attach or remove any wire, pipe or conduit from any county bridge, overpass or underpass, at least seven days in advance of the time of beginning the work to be done under the permit. All permits shall be submitted to and be approved by the County Highway Engineer or County Highway Supervisor prior to being filed with the County Auditor. The installation of a utility line serving a single property shall be excluded from the permit requirements of this chapter provided that the installation does not disturb pavement in county road right-of-way.
(2) No permit shall be issued unless the proposed installation is in complete conformity with the provisions of this chapter.
(3) If a right-of-way permit is issued, the applicant shall apply for a certificate of compliance which shall not be issued until the work is complete and compliance with this chapter is evident.
(4) Application for a permit shall be filed on forms provided by the county and shall be accompanied by a description of the location, kind and dimension by feet and inches of the proposed work together with the type of road surface to be cut or excavated, the nature of the opening to be made and the purpose of the proposed work.
(5) All applications must pay a permit and inspection fee in the amount of $40 for projects affecting two miles or less of county road right-of-way and shall pay $.01 for each foot of affected right-of-way in excess of two miles for each permit at the time the permit is filed. The permit shall be valid for 365 days after approval is given by the County Highway Engineer, or, in the absence of the County Highway Engineer, the County Highway Supervisor.
(6) In order that affected property owners may identify the location(s) of tiles(s) or other improvements susceptible to drainage in the right-of-way, the applicant shall, on forms provided by the county, notify and secure the signature of property owners along the affected right-of-way.
(7) The applicant shall provide proof of status as a bona-fide utility under applicable state statutes.
(C) Work agreed to be performed; bond or letter of credit; indemnifying agreement.
(1) As part of the written application, the applicant shall file in the office of the County Auditor a faithful performance bond naming the county as obligee with a good and sufficient surety to be approved by the Board of Commissioners or, in lieu thereof an irrevocable letter of credit issued by a bank or other financial institution approved by the Board of Commissioners, in the following amounts:
(a) For each cut, dig, excavation or tunnel which crosses the county road or right-of-way, the sum of $3,000;
(b) For each bore which crosses the county road or right-of-way, the sum of $1,000;
(c) For the attachment of each wire, pipe or conduit to any county bridge, overpass or underpass, or for the removal of each wire, pipe or conduit therefrom, the sum of $2,000; and
(d) For each cut, dig, excavation, tunnel or bore running parallel to the county road or right-of-way, the sum of $10,000 per mile or part thereof.
(2) A single bond or undertaking, or a single irrevocable letter of credit may be filed for multiple cuts, digs, excavations, tunnels or bores, or for multiple wires, pipes or conduits in the amount described above multiplied by the number of cuts, digs, excavations, tunnels, bores or wires, pipes or conduits.
(3) In lieu of the performance bond or irrevocable letter of credit, public utilities whose rates are regulated by the State Utility Regulatory Commission may submit an indemnifying agreement, the applicant shall agree to do at least the following:
(a) Maintain the road surface which has been disturbed in a smooth and uniform condition for a period of one year after traffic is again permitted to pass over the filled trench or maintain the area cut outside the pavement surface but within the right-of-way to a condition similar to the immediate surrounding area for a period of one year. The maintenance shall meet the approval of the County Highway Engineer, with the advice and consent of the Board of Commissioners;
(b) Erect and maintain all necessary barricades, detour signs, warning signals and lights by night (in conformance with the State Manual of Uniform Traffic Control Devices - latest edition) required to direct traffic safely over or around the place where the work is being done, so long as the work in any way interferes with traffic;
(c) Take all responsibility and shall indemnify the county for any injury or damage resulting to persons or property because of the work;
(d) Each work area shall conspicuously display at the site of the street opening the name, address and telephone number of the person to whom the permit has been issued and a copy of the permit, so long as the hole is open or barricades are in place; and
(e) Give notice to the County Highway Engineer prior to each day that excavations are opened in the rights-of-way.
(4) The performance bonds, irrevocable letters of credit or indemnifying agreements shall provide that the principal shall well and truly observe, fulfill and perform in connection with each provision, term and condition recited above, and that in case of any breach, the county shall be entitled to recover from the principal and/or sureties on the bond or the issuer of the irrevocable letter of credit, the amount of any damages and all costs and attorneys' fees incurred by the county proximately resulting from the failure of the principal to well and faithfully observe and perform under any and all of the provisions, terms and conditions recited above required to be performed, and on the further condition that no recovery by the county of any sum by reason of the bond or irrevocable letter of credit required by this section shall be any limitation upon the liability of the principal to the county, except that any sum received by the county by reason of the bond or irrevocable letter of credit shall be deducted from any recovery which the county might have against the principal.
(D) Keeping bonds, letters or credit and indemnifying agreements current. It shall be the duty of the County Auditor to require all persons making application for a permit under the terms of this chapter to post and keep current the bonds, letters of credit or indemnifying agreements required or authorized hereby.
(E) Non-applicability relating to bonds, letters of credit, indemnifying agreements and fees.
(1) The provisions of this chapter relating to bonds, letters of credit, indemnifying agreements and fees shall not apply to work being done by any city, town, separate municipal corporation or any other county, or by any agency of the state or by any special taxing or service district established by law, provided that the entity shall give at least 24 hours’ notice to the County Highway Engineer of any work and shall do all things required under § 92.02 above. The provisions of this chapter relating to permits, bonds, letters of credit, indemnifying agreements and fees shall not apply to the setting and maintaining of utility poles and their appurtenances along county roads and rights-of-way by any public utility whose rates are regulated by the State Utility Regulatory Commission except new installations greater in length than two miles.
(2) In the case of an emergency, cutting and excavating work and the attachment or removal of any wire, pipe or conduit from any county bridge, overpass or underpass, may proceed without delay; provided, that within the commencement of the work a bond, letter of credit or indemnifying agreement as authorized herein, shall be posted the next day, notice of the work shall be given and a permit obtained from the County Highway Engineer as above provided.
(Ord. 88-6, passed 4-4-1988) Penalty, see § 92.99