§ 24-3. Right-of-way utilization regulations.

(a)

Purpose. The purpose of this section is to adopt regulations relating to the use of rights-of-way for placement of above- and below-ground utilities and for the construction or placement of improvements or fixtures to land in the unincorporated areas of Hernando County, Florida, and within incorporated areas as provided by law. As used herein, the phrases "right-of-way" or "rights-of-way" shall mean land which, by deed, conveyance, agreement, easement, dedication, usage or process of law, is owned by, dedicated to or otherwise vested in the control of the county for use by the general public for street, highway, alley, pedestrian walkway, sidewalk, storm drainage, bicycle path, traffic engineering safety, setback or other purposes or is otherwise part of the county road system. As used herein, "county road system" shall have that definition set forth in § 334.03, Florida Statutes, as such statute may be amended or renumbered.

(b)

Utilization manual. The board of county commissioners shall adopt, by resolution, a right-of-way utilization manual for the county. To the extent applicable, all use of rights-of-way shall be in accordance with the provisions of said manual or as otherwise provided in later-adopted ordinances and Code provisions.

(c)

Permit required. No person, partnership, firm, governmental agency, corporation, association, department, authority or other entity shall dig, excavate, obstruct, place any obstructions or other materials, or perform any work which disturbs the existing structure and compaction of the soil in any right-of-way provided for public use, including but not limited to construction of any access or other connection from private property to any part of the county road system, without first obtaining a permit for such work or such placement of obstructions or other materials. Performance of unpermitted work or placement of obstructions or other materials which disturbs the existing structure and compaction of the soil in any right-of-way shall be a violation of this section and shall subject the violator to the penalties otherwise provided for a violation of this Code.

(d)

Fees. The county is hereby authorized to levy and collect fees for obtaining permits and utilizing any right-of-way. The fees shall be in an amount to be approved by resolution of the board of county commissioners.

(e)

Application for permit; required information. Any person or entity identified above shall make application to the county for said permit on forms provided by the county, and such application shall include, but not be limited to, the following information.

(1)

Location of the proposed construction;

(2)

Type of facility to be constructed;

(3)

Method of construction to be used;

(4)

Expected time to complete construction;

(5)

Proposed means of restoring the right-of-way; and

(6)

Sketches and drawings showing completely the nature of the proposed construction.

(f)

Performance of work at no expense. All work performed under the permit shall be done with no expense to the county.

(g)

Penalty. If any permittee or any authorized agent, officer or employee of a permittee shall knowingly refuse to comply with or willfully violate any provision of this section, such permittee shall incur a penalty for each offense of not more than twenty-five (25) percent of the estimated project cost to be fixed, imposed and collected by the board of county commissioners, proceeds of which shall be deposited in the transportation trust fund. Additionally, any permittee who has previously failed to restore the right-of-way as required by this section shall not be issued further permits until such right-of-way is restored, or the entire cost of restoration incurred by the county to make such restoration has been paid by the applicant. In addition, violations of any provisions herein may be prosecuted as described in chapter 2, article III as amended from time to time.

(h)

Acceptance of a permit constitutes permittee's agreement to indemnify and hold harmless county from any and all damages, loss, costs or expenses, including, but not limited to, attorney's fees, arising from or connected in any manner to permittee's use or construction in or upon the county right-of-way herein permitted. Permittees may also be required to demonstrate insurance coverage in amounts reasonably required by the county's risk management director. Right-of-way use permits shall specifically provide that:

(1)

Permittee understands and agrees that such permit is a revocable license which may be terminated at any time that county or any other governmental or quasi-public agency determines that the right-of-way occupied by the article or articles is needed for municipal or other public purposes incompatible with placement of the article or articles; and

(2)

Permittee's authority to construct improvements or install or maintain utilities in county rights-of-way is limited to construction or installation or maintenance in conformance with the provisions of the application for permit. Failure to construct, install or maintain permitted improvements or facilities in accordance with the specifications of the application shall be grounds for immediate revocation of the permit and removal of any such improvements or facilities from or termination of use of the right-of-way.

(i)

Below-ground irrigation systems and sod within the rights-of-way shall be exempt from the permitting and prohibition requirements of this section. In consideration of exemption from the permitting requirement, the board of county commissioners finds and determines that the owners of such systems or sod have assumed any risk of damage or loss to such by reason of any work or other maintenance in the county right-of-way for any authorized purpose, including but not limited to paving, resurfacing or widening of any existing traveled way; or construction or maintenance of any public or private utility, drainage or other facility in the county right-of-way. The county shall not be held liable for damage or loss to such systems or sod with respect to such work or maintenance, and no court shall award damages against the county therefor.

(j)

Landscaping, or improvement to existing landscaping, shall comply with any applicable ordinances and with the Hernando County Guidelines for Landscaping Roadways, as published by and available from the county engineer's office, which guidelines have been or are hereby adopted by the board of county commissioners, and with any incorporated, additional or supplemental requirements of the Hernando County Facilities Design Guidelines; and shall require a valid right-of-way utilization permit. Normally trees will not be authorized to be installed in medians, unless clear recovery zone and clear sight distance requirements will allow installation without violation of guidelines for landscaping roadways.

(Ord. No. 88-5, §§ 1—7, 1-27-88; Ord. No. 2004-09, § 14, 7-13-04; Ord. No. 2005-22, § 1, 12-6-05)

Editor's note

Ordinance No. 88-5, adopted Jan. 27, 1988, while intending that its provisions be included in the Code, did not provide for the exact nature of their inclusion; therefore, at the editor's discretion, §§ 1—7 of Ord. No. 88-5 have been included herein as a new § 24-3.