(A) No utility shall install new or replacement transmission equipment in or over any county road right-of-way, except as permitted by this section.
(B) An application, in a form approved by the County Commissioners, together with detailed plans and specifications showing the proposed location of the transmission equipment, shall be submitted to the County Commissioners or their designee, who will issue a permit if the requirements of this section, other relevant ordinances and state and federal laws have been met.
(C) The location and depth of the transmission equipment shall be that which the County Commissioners or their designee determines least interferes with the highway function of the right-of- way.
(D) The traveled portion of a right-of-way may not be cut without the written approval of the County Commissioners or their designee, who will determine the backfill and surface repair material to be used and whether a bond, in addition to that required by division (F) below, shall be posted. The County Commissioners or their designee shall approve the manner of drilling under the traveled portion of the right-of-way.
(E) The installer of the transmission equipment shall take all necessary precautions, including traffic control, to insure the safety of the public during installation, and shall comply with specific requirements of the County Commissioners or their designee.
(F) The installer of any transmission equipment shall post a bond in an amount determined by the County Commissioners or their designee to insure compliance with this section and restoration of the right-of-way and all improvements thereon to its original condition. The installer may post an annual bond covering all projects.
(G) The county does not represent that it has authority to authorize the use of the right-of-way for utility purposes.
(H) Any utility that installs transmission equipment in a county right-of-way shall hold the county harmless from any damage or injury caused at the time of installation or thereafter resulting from the installation.
(I) Any person found to be in violation of any of the provisions of this section shall be fined.
(Ord. 1997-5G, passed 5-23-97) Penalty, see § 10.99