A Class 5 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 and such other information as the Supervisor may deem pertinent. The application shall be accompanied with a route map and shall describe the haul tonnage, haul schedules, vehicle width, vehicle length, vehicle height and/or such other information as the Supervisor may deem pertinent; and
(4) If the Supervisor requires it, 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 recoverable 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.
(B) The Supervisor shall review all applications with a view toward eliminating or minimizing potential overlaps and may impose any additional conditions, limits, bonds, insurance, waivers or other guarantees he or she may deem necessary to protect the county and to assure compliance by the applicant with the terms of said encroachment permit.
(C) 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.
(D) The issuance of a Class 5 encroachment permit may be conditioned on passing any additional requirements that the Supervisor, in his or her discretion, may require.
(E) 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.
(Ord. 2023-4-1, passed 4-10-2023)