(A) This subchapter expressly authorizes the Supervisor to issue a denial of any application for an encroachment on any county road rights-of-way if the Supervisor, in his or her discretion, determines that the proposed encroachment:
(1) Will create safety issues for the county;
(2) Will create unwarranted cost increases for the county;
(3) Will unreasonably or excessively interfere with traffic patterns, or disrupt use of the subject county road rights-of-ways for an unreasonably extended period;
(4) Will cause violations of county agreements with other agencies, or cause degradation to county road rights-of-way or the servient estate(s) crossed by those county road rights-of-way;
(5) Is not reasonably necessary to a legitimate activity or can be avoided by other reasonable measures;
(6) Is otherwise detrimental to the county’s best interests; or
(7) Does not advance or benefit the county’s best interests.
(B) This express authorization includes the authority for the Supervisor, in his or her sole discretion, to decline an encroachment permit application outright. The Supervisor shall issue such denial in writing, and shall state his or her findings with regard to the application and state his or her reasons for denying the application, and shall date, sign and mail or hand deliver a copy of such denial to the applicant and to the County Board of Commissioners.
(C) In a case where the Supervisor denies an encroachment permit for the lot or lots in question as applied for, or in a case where the Supervisor issues an encroachment permit with one or more conditions that the applicant finds objectionable, then the applicant, within 30 days of the date of written issuance or denial of the encroachment permit, may submit a written request to the County Board of Commissioners for review of the Supervisor’s action. The Board of Commissioners shall allow the applicant an opportunity to appear and be heard at a public meeting, either specially called or during a regularly scheduled Commission meeting, not later than 20 working days following the filing of the applicant’s said request for review, and the Board shall render its decision in writing not later than ten days following such meeting.
(D) Any encroachment permit, conditional encroachment or denial thereof shall advise the applicant of his or her right to submit a written request to the County Board of Commissioners for review of the Supervisor’s decision and shall set forth the language of the preceding subsection.
(Ord. 2023-4-1, passed 4-10-2023)