(A) Except as permitted by this chapter and in accordance with a permit obtained from the county, no person, firm, corporation, or other entity may:
(1) Make an opening in any county road, including tunneling;
(2) Place any structure on or in any county road;
(3) Change or renew any structure placed on any county road;
(4) Excavate any county road for any purpose, including but not limited to, the placement of pipes, sewers, poles, conduits, wires, or rails;
(5) Plant or remove any tree on any county road; or
(6) Place any obstruction on any county road.
(B) The county reserves the right to authorize utility work without a permit within a county right-of-way to protect life or property or to address issues of public safety.
(C) The county may issue a permit for work otherwise prohibited by division (A) of this section, subject to the following:
(1) Work done under the permit shall be performed to the satisfaction of the county and under its supervision.
(2) The entity to whom the permit is issued or by whom the work is done shall assume and pay all costs associated with the work to be performed under the terms of the permit, including, without limitation, costs of repairing or replacing the roadways as may be required by the county.
(3) The entity to whom the permit is issued or by whom the work is done shall be responsible for controlling and maintaining traffic on any county road or right-of-way associated with the permit. Such traffic maintenance and control to be in accordance with all state and federal regulations for construction traffic.
(4) The permit is granted subject to the provision that the utility's facility will be removed, relocated or raised by the applicant at no cost to the county when required for the improvement of the roadway.
(5) The utility, upon request of the county, agrees to reimburse the county for the actual cost of any specifically assigned inspection required by a permit.
(6) The permittee shall indemnify the county against and hold harmless from any and all claims, actions, suits, proceedings, costs, and attorney fees, arising out of the execution and operation of work performed under this permit.
(7) The permittee shall be responsible for paying any costs that may be incurred by the county for the maintenance of any portion of the roadway that in the county's opinion fails due to the installation of a utility.
(8) The permit shall be issued for a specific term.
(9) The county reserves the right to close or suspend the issuance of permits during the winter season in order to promote and protect the public health and safety.
(10) The entity to whom the permit is issued or by whom the work is done shall be responsible for all utility notification concerning its construction activity, including contacts with "Miss Utility."
(11) By the issuance of a permit, the permittee assumes responsibility for the installation of all of its facilities in accordance with the specific terms of the permit. In the event that a utility fails to locate its facilities in accordance with the terms of the permit, any damage to or destruction of those facilities by the county shall be without cost, claim, or expense to the county and the permittee shall and does, by the issuance of the permit, release and agree to hold harmless the county for all claims, actions, suits, proceedings, costs, and attorney's fees arising out of the damage sustained by or destruction of the utility's facilities.
(Ord. —, passed 6-30-2009)