A Class 4 annual blanket 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 set forth and include:
(1) The name, address and telephone number of the applicant;
(2) The location of the proposed encroachment and/or 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, 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. If haulage is anticipated, the application shall be accompanied with a route map and shall describe the haul tonnage, haul schedules and/or such other information as the Supervisor may deem pertinent.
(4) Evidence of a satisfactory bond, guarantee or other financial undertaking tendered by the applicant or by a third-party entity on behalf of the applicant, guaranteeing the completion of any and all improvements and or construction proposed therein in conformance with the specifications contained in the application, and a written and signed acknowledgment that upon the applicant’s failure to so perform, the county may complete the same to its satisfaction and charge the costs thereof, including any administrative fees, against the third-party bonding entity or other guarantor, and/or against the applicant’s organization, and/or against the applicant personally, until paid in full. Said costs may, at the Supervisor’s discretion, include any attorney fees, litigation and other court costs necessarily incurred by the county to recover the costs; and
(5) 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 such 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-ways.
(E) Upon granting the application, the Supervisor may impose any requirements, conditions, limits, bonds or other guarantees 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 bonds, guarantees or assurances are received. Holders of Class 4 blanket encroachment permits may, as directed by the Supervisor, be required to provide a liability policy, as required by § 152.11 of this chapter, for the period covered by the permit.
(Ord. 2023-4-1, passed 4-10-2023)