Loading...
§ 92.27 APPLICATION AND FEE.
   (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)
§ 92.28 ISSUANCE OF PERMIT.
   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)
§ 92.29 SECURITY; UNACCEPTABLE RESTORATION.
   (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)
§ 92.30 UTILITY COMPANY SECURITY.
   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)
§ 92.31 GUARDING THE WORK SITE.
   The person, firm or corporation to whom a permit has been issued, and their agents, servants or employees working at the site, shall bear the sole responsibility and expense of guarding the work with necessary barriers, lights, flagmen or other safety devices which shall be maintained by the permittee until the work has been completed. The permittee shall indemnify and hold the county harmless from all loss and damage, including attorney fees arising out of permittee's work in county's right-of-way.
(BC Ord. 1991-22, passed 8-12-91)
§ 92.32 MINIMUM REPAIR REQUIREMENTS.
   (A)   Upon completion of the work the permittee shall refill the trenches or sub-grade areas with sand, pea-size gravel or crushed white rock of a size numbered 53, 63 or 73; provided, however, if an area to be filled will not be covered with street pavement or is a sidewalk, and is not an alley, then the area shall be filled with sand or dirt. All fill material shall be free of rubbish and vegetation and shall be compacted throughout in six-inch layers while being installed. All streets shall, where possible, be restored, under the pavement area, with at least six inches of concrete and above that a four-inch final surface of concrete or asphalt. All sidewalks shall be restored with compacted dirt or aggregate as a base and the sidewalk surface shall be of a material and design equal to the adjoining undisturbed sidewalk.
   (B)   In all cases where fill has been placed but a final surface has not yet been completed, the permittee shall lay a suitable temporary surface to provide for the safe transit of the work area by the public.
(BC Ord. 1991-22, passed 8-12-91)
§ 92.33 INSPECTION.
   The County Highway Engineer may inspect the work from time to time and shall inspect the work during filling and final restoration. Such work shall also be inspected by the county within 30 days before the two-year security period shall expire. Any deterioration of the repair or restoration other than that normally anticipated by reasonable use shall be repaired by permittee before release of the security.
(BC Ord. 1991-22, passed 8-12-91)
Loading...