Chapter 12.16


12.16.010    Permits required.

12.16.020    Permit procedure.

12.16.010 Permits required.

(1) Activities Requiring a Permit. Placement of facilities and development within the right-of-way of a county road, and alteration of such facilities and development, shall be authorized only through facility permits issued by the Crook County road master in accordance with this chapter and other legislation. Facilities and development includes, but is not limited to, road improvements, sidewalks, new and reconstructed driveway or road approach intersections, utility placements, excavation, clearing, grading, culvert placement or replacement, storm water facilities, or any other facility, thing or appurtenance to be located within the county road right-of-way.

(2) Prohibited Activities. Landscaping and trees, landscaped timbers, rocks, irrigation facilities, walls, gates, fencing, nonstandard mailbox supports, stairways, and any other object or barrier that has the potential of hindering the normal operation, maintenance, or use of a public road or a county road shall generally be prohibited and subject to county enforcement as described herein. (Ord. 164 § 1, 2005)

12.16.020 Permit procedure.

The following rules and regulations are adopted with regard to permits specified above:

(1) Application. Application for permits shall be made on forms provided by the Crook County road department. The applicant shall certify that all information supplied on the application is correct and shall agree to abide by all applicable federal, state and county laws, rules and regulations with regards to performance under the permit.

(2) Approval Criteria. Facility permit applications shall be reviewed to ensure the use or activity will maintain the road in a safe condition and to ensure protection of the public investment in the county road system. The Crook County road master, in approving any application, may attach special terms and conditions to promote these objectives. Applications for activities or uses that are deemed to jeopardize public safety or cause unnecessary damage to the road system shall be denied.

(3) Repealed by Ord. 170.

(4) Performance and Indemnity Requirements.

(a) The holders of permits shall be liable for damage or injury to persons or property, including roads and structures, resulting from work done or privileges granted under any permit.

(b) Before a permit shall be issued, applicants for permits may be required to provide proof of adequate public liability or property damage insurance and proof of insurance, bond or other suitable financial instrument indemnifying Crook County, its agents and employees, against liability in the event of any injury or damage occurring by reason of the permittees’ operations on a road. Applicants for facility permits may be required to show proof of such insurance.

(c) In all cases, performance bonds and insurance shall be at least in the minimum amount proposed by the Crook County road master with the approval of the county court.

(d) The holders of all permits shall conduct any work or privilege granted by permit at their own sole risk and shall indemnify, save harmless and defend Crook County, its agents and employees from all claims, suits, actions and damages arising out of or resulting from the work or privileges granted by permit and such indemnity shall not be limited by reason of the enumeration of any insurance coverage that may be required.

(5) Safety Requirements. Holders of permits shall exercise diligence and care to ensure safety to the public and protection of the road system. Safety precautions shall include such stipulations reasonably related to safety requirements as may be made by the road master, in issuing the permit, and such other safety measures as may be required by law. During construction performed in connection with facility permits, roads shall be kept free of debris. Flaggers, barricades and other safety devices shall be employed as necessary to warn traffic of possible hazards. Lighted warning lights shall be maintained where necessary between the hours of sunset and sunrise.

(6)  Construction.

(a) Facilities shall be constructed in conformance with the applicable Crook County road design standards. Deviation from road standards may be authorized by the road master if permittee can demonstrate to the satisfaction of the road master that such deviation will not impede public safety or the operation of the road.

(b) The permittee shall notify the road master prior to the removal of any survey monuments. A registered land surveyor must replace monumentation prior to release of bond. Permittee shall be responsible for the cost of replacing any survey monuments moved or destroyed while working in the public right-of-way.

(c) The entire cost of construction, including special conditions and safety requirements, shall be borne by the permittee.

(d) Upon completion of the work, the road and right-of-way shall be restored to its original condition at the expense of the permittee.

(7) Inspection. Performance under any permit issued by the road master is subject to inspection and approval by the road master. Required security will not be released until approval has been granted.

(8) Maintenance. Holders of facility permits shall be responsible for maintenance of facilities at their own expense. Facilities shall be kept in a good state of repair at all times.

(9) Permit Duration, Extensions and Termination. Unless otherwise specified, construction and improvements required by a facility permit shall be completed within one year from the date the facility permit was issued.

(a) Permits may be extended in writing by the road master to complete required construction and improvements for up to one-year intervals for a maximum of three years from the date the facility permit was issued, provided:

(i) The request for an extension is submitted in writing with the applicable fee prior to the permit expiration date; and

(ii) A performance agreement is executed for the facility permit work.

(b) Permits may be terminated and a new facility permit may be required when:

(i) The development or use associated with construction and improvements required by the facility permit is substantially changed or expanded; or

(ii) The permittee is found to have obtained a permit through misrepresentation of the facts or when, in the judgment of the road master, terms of the permit are being violated or public safety is threatened;

(iii) When in the judgment of the road master or the county court the public interest is served by the termination of said permit. Such determination shall be made only after a public hearing has been conducted. In the event of such determination, it shall be the responsibility of the permittee to remove or relocate said improvements at permittee’s expense within 30 days of receiving written notice of termination.

(10) Failure to Comply. The road master is authorized to remove unauthorized facilities and vegetation from public rights-of-way. When not representing an immediate hazard, the road master shall first attempt to contact the owner and request removal of unauthorized facilities, installations or vegetation. Upon failure of the owner to comply with removal by a specified date at least 14 days after notification is provided, the road master may cause the unauthorized facility to be removed with the cost billed to the owner. Notwithstanding this procedure, the road master may remove an unauthorized facility, installation or vegetation to address an emergency or immediate threat to public safety.

(11) County Court Review. If the permit is denied by the road master or if the special provisions imposed are unsatisfactory to the applicant, or in any case referred by the road master, at the request of applicant or road master, the county court may review the application for permit. The county court’s decision thereon shall be final.

(12) Permit Rights Granted. Nothing in the permit is intended to grant rights or imply approval in areas not falling within the authority and jurisdiction of Crook County. It is the responsibility of the applicant to determine the need for and to obtain such licenses, permits or other forms of approval, which may be required by state agencies, federal agencies, cities, utility companies, or private property owners. (Ord. 170 § 1, 2005; Ord. 164 § 1, 2005)