(A) Before the installation, relocation or expansion of any utility facility may be made within any highway right-of-way under the jurisdiction of the county, the owner of a utility shall submit an application to the County Highway Superintendent for a utility permit allowing for such installation, improvement, maintenance, relocation or expansion. The application for said permit shall be in a form promulgated by the Superintendent pursuant to § 92.21 of this chapter.
(B) The Superintendent may grant, grant with modifications or conditions, or deny a permit application based on the requirements of this chapter and the criteria and rules promulgated by the Superintendent pursuant to § 92.21 of this chapter.
(C) Any installation, relocation or expansion of a utility facility made by the owner must be done in accordance with all conditions of the permit as granted by the Highway Superintendent.
(D) Permits granted pursuant to this chapter may be revoked by the Superintendent upon a written finding that any of the criteria or rules applicable to such permits have in fact been violated, or that any of the conditions placed upon a permit have been violated or otherwise not fulfilled.
(E) Any person or entity aggrieved by a decision of the Superintendent to grant, grant with conditions, deny, or revoke a permit pursuant to this chapter may appeal the decision by providing written notice of said appeal to the County Auditor, County Highway Superintendent and County Commission Office within five working days of the Superintendent's decision. The County Commission shall hear all such appeals as an agenda item at one of its regular meetings. The County Commission shall review the Superintendent's decision for abuse of discretion and shall vote to uphold, uphold with modification, or reverse the Superintendent's decision.
(Ord. 1603-07, passed 3-1-2016)