A Class 1 encroachment permit may be obtained by completing and submitting an application in a form which shall be adopted and provided by the County Road Department.
(A) The encroachment permit application shall be signed by all persons and entities who own the lot or lots that are associated with the proposed encroachment, and the signed application shall set forth and include the following:
(1) The name, address and telephone number of the applicant or applicants;
(2) The location of the proposed encroachment and the county road rights-of-way, or portion(s) thereof, to be affected thereby;
(3) A description on a route map of the proposed encroachment(s), including the purpose therefor, the type and scope of activities, the dimensions thereof, the materials to be used, the times and dates thereof and such other information as the Supervisor may deem pertinent;
(4) A statement as follows:
(a) I/we, the applicant/applicants are the legal owners of the lot/lots that are associated with the proposed encroachments; |
(b) I/we hereby acknowledge that all roads and streets affected by the proposed encroachment are valid and existing county road rights-of-way dedicated to the county for motorized travel by the public; and |
(c) I/we agree to execute and sign, upon the county’s request, either a quit-claim deed, and/or a dedication of rights-of-ways on a survey or plat, and/or an agreement to transfer in favor of the county for all subject roads and streets, as a condition for receiving an encroachment permit from the County Road Department. |
(5) A statement that upon any failure of the applicant or applicants to fully and timely complete the encroachment project according to the terms of the encroachment permit:
(a) The county may complete the same to its satisfaction and charge the costs thereof, including any administrative fees, against the applicant’s organization and/or against the applicant or applicants personally until paid in full. Said costs shall include any attorney fees, interest and other litigation, court costs and charges incurred by the county to recover the costs; and
(b) The applicant may be subject to criminal prosecution pursuant to § 152.99(B)(2) of this chapter.
(6) A statement that any persons or entities hired, contracted or retained to perform any of the work allowed under the encroachment permit shall be currently licensed contractors with the state.
(B) Each application shall be accompanied by a nonrefundable application fee in the amount set forth in the most current fee schedule issued by the Supervisor, which application fee shall accompany each application.
(C) After receipt of the application for an encroachment permit, the Supervisor shall review the application and shall, within a reasonable time, either grant the same or decline it. At any time after the Supervisor’s decision, the applicant may request that the Supervisor reconsider the decision. The Supervisor is authorized to waive application fees for amended applications if, in his or her opinion and at his or her sole discretion, the amended application will not entail a significant amount of additional time for review beyond that previously conducted.
(D) The applicant and his or her employees, assigns, agents and contractors shall not exceed or otherwise go beyond the county road rights-of-way involved in the encroachment permit. Permission is not given to encroach upon any privately owned property in the project area. Fences do not necessarily define property lines or county road rights-of-way.
(E) Upon granting the application, the Supervisor may impose any requirements, conditions, limits or assurances he or she may deem necessary to protect the county or assure compliance by the applicant with the terms of said encroachment permit, including liability insurance as required. The encroachment permit shall not be issued until such requirements, conditions, limits and assurances are received.
(F) At the Supervisor’s discretion, he or she may require the owners of the lot/lots that are associated with the encroachment permit to enter into an agreement to transfer rights-of-way and/or to sign a quitclaim deed for rights-of-ways, and/or to sign a dedication of rights-of-ways on a survey or plat, before an encroachment permit is issued.
(G) Pullouts for new mailboxes shall be constructed to match the existing roadway surface as shown in county details in this subchapter. A minimum of five feet from the paved shoulder to the front of the mailbox shall be paved or graveled to match the existing road surface. Placement of mailboxes or a mail delivery cluster box/CBU shall be at the discretion of the Postal Service, but installation must meet county specifications.
(Ord. 2023-4-1, passed 4-10-2023)