(A) It shall be unlawful for any person, firm or corporation to cut, dig, trench, excavate, grade, tunnel, bore or in any way disturb any road, street, alley, sidewalk, roadside ditch, right-of-way or other public place for any purpose whatsoever, or to attach or remove any wire, pipe or conduit from any county bridge, overpass, or underpass, in any county right-of-way without first filing with the County Highway Engineer a written application for a permit to make such a cut or excavation provided or approved by the County Highway Engineer, at least three days in advance of the time of beginning the work to be done under such permit, and without first procuring such permit therefor, executing a bond to cover all damages occasioned by such work, and restoring the place where such work has been done in good condition, and in the manner provided by the term of this subchapter; provided, however, that in case of an emergency, cutting and excavation may proceed without delay on condition that within 24 hours after the commencement of such cutting or excavation, a bond shall be posted, notice of such work shall be given, and a permit shall be applied for and obtained from the County Highway Engineer, all as required under this subchapter; provided further, however, that:
(1) This subchapter shall not apply to excavations made under contract with or by order of the County Board of Commissioners through its proper officials, nor to construction of any private entrances, driveways or approaches connecting with any highway in the county highway system.
(2) The provisions of this subchapter pertaining to bonds and fees shall not apply to work being done by any city, town, 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 such entities shall give the County Highway Engineer at least 24 hours’ notice of any such work and shall comply with all other applicable provisions of this subchapter.
(B) Any person, firm or corporation desiring to install underground cables, pipes or lines in a county road or right-of-way shall perform all such installation by methods approved by the County Engineer or Engineer’s assistant. Under no circumstances however, shall any person, firm or corporation make any cut, dig, trench or other form of method of installation or excavation which is parallel to, and within three feet of the edge of any county road, street or alley. The permittee shall be responsible for cost of repairing and restoring to good working order any tile drains or other structures located within said road or right-of-way and damaged by such installation.
(Ord. 2021-02, passed 3-8-2021)