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CUTTING OF RIGHTS-OF-WAY
No street, highway or highway right-of-way under the jurisdiction of the county shall be dug up, cut, restricted, closed or removed for any purpose unless a permit for such action has first been obtained from the county.
(BC Ord. 1991-22, passed 8-12-91; Am. BC Ord. 2024-10, passed 8-26- 24) Penalty, see § 92.99
Section 92.25 shall not apply to any public utility company when such company is required to take immediate action to preserve life or property, or, to make an inspection in an emergency, or, to make an emergency repair. However, such utility shall acquire the required permit on the first working day after such work has commenced.
(BC Ord. 1991-22, passed 8-12-91)
(A) The application for a permit shall be filed on forms provided by the county, shall be accompanied by the fee required by this chapter, and shall designate the method proposed by the applicant to meet the security requirement of § 92.29. Appendix A, and the fees described therein, are hereby incorporated into this chapter and binding on all applicants.
(B) There is imposed a permit fee of $250 paid to the county to defray the cost of processing applications for permits. Each separate location sought to be dug up, cut or removed shall require a separate application and a separate fee.
(C) All fees, fines and penalties collected pursuant to this chapter shall be deposited into the County Highway Maintenance Fund, Fund 1176, and may be used by the County Highway Engineer pursuant to all purposes and procedures for the fund.
(BC Ord. 1991-22, passed 8-12-91; Am. BC Ord. 2024-10, passed 8-26- 24)
Upon compliance with the permit requirements of this chapter and the payment of the fee required, the County Commissioners shall issue a permit to dig up, cut or remove the right-of-way, highway and/or sidewalk. Such permit shall describe the action allowed to be taken, the extent of the disturbance permitted and the period of time within which the permit is valid. A copy of said permit shall be retained by the County Commissioners and the permit shall be kept at the location of the work while work is being undertaken.
(BC Ord. 1991-22, passed 8-12-91)
(A) Each person, firm or corporation filing an application for a permit shall provide security to the county, guaranteeing that the area sought to be disturbed will be restored. Such security may be provided by a two-year corporate surety bond; irrevocable letter of credit drawn on a bank or trust company acceptable to the county, such letter of credit to be irrevocable for a period of two years after the completion of the work; or a cash deposit.
(B) The security required shall be equal to the estimated cost of the work required to restore the disturbed area as required by this subchapter, except that cash security shall be not less than $500. If the security provided is a cash deposit, such shall be held by the County Auditor in the street cut fund for a period of two years after the restoration is completed; shall be refundable upon certification that the restoration has been completed according to the requirements of this subchapter; and, has been inspected and accepted by the county. Such deposit shall be returned without the payment of interest on the sum by the county.
(BC Ord. 1991-22, passed 8-12-91; Am. BC Ord. 2024-10, passed 8-26- 24)
In lieu of the security required by § 92.29, any public utility company may file with the county a bond in the sum of $50,000 payable so as to indemnify the county for the cost of repair or restoration of an area, or areas, disturbed by the company.
(BC Ord. 1991-22, passed 8-12-91; Am. BC Ord. 2024-10, passed 8-26- 24)
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