(A) Any person or entity desiring to install a cattle guard on a county road rights-of-way must file a detailed application and request for a Class 1 encroachment permit with the County Road Department. The application shall identify the county road rights-of-way involved and the exact location of the proposed installation, and the application shall provide designs, drawings, plans and specifications for the same. After reviewing the application, the Supervisor shall, within a reasonable time, either grant the same or decline it, and if he or she declines the application, he or she shall return it to the applicant with an attached written statement of the reasons for 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 require the Supervisor to spend significant additional time reviewing it. In cases where the Supervisor grants the application and issues the desired encroachment permit, he or she may impose any conditions, limits, bonds or other guarantees he or she deems necessary to protect the county and assure the applicant’s compliance with the encroachment permit’s terms and conditions.
(B) The applicant shall supply all installation materials and comply with all material design specifications that the Supervisor may require, including, but not limited to, concrete work, bases, re-bar, wings, fence posts and gates and the like, as the Supervisor deems necessary. See the County Standards and Specifications for more information.
(C) The applicant shall be solely responsible to install a side gate that adequately connects any adjacent fences to the cattle guard. The minimum gate width shall be ten feet, as shown in cattle guard standard drawings.
(D) The applicant shall supply the necessary labor to construct and install the cattle guard according to current specification requirements and the encroachment permit’s terms and conditions using materials and components provided by the applicant at the permitted site. In no event, however, does the county assume liability to the applicant for the applicant’s performance of the construction.
(E) Upon completion of the installation, the Supervisor shall inspect the same and, upon his or her approval and acceptance, the County Road Department will assume responsibility for future maintenance of the unit as long as the county road rights-of-way is part of the county road system, or until the Supervisor deems the cattle guard is no longer functional and in need of replacement, in which case the applicant/permittee shall be solely responsible for replacing the cattle guard.
(Ord. 2023-4-1, passed 4-10-2023)