15.5 as established.
Road Cut shall mean any work which shall impact the roadbed and/or road surface.
Utility work is defined as work in the road or right of way that is to be performed to maintain, repair, install and upkeep essential public infrastructure, including but not limited to water, sewer, power, natural gas, storm water and telecom/fiberoptic services.
5-14-3. Activities Requiring Permit.
A.
No person shall undertake any of the following activities within a public right-of-way without first acquiring a right-of-way use permit to do so from the office of the County Engineer.
B.
Installation or repair public utility facilities or private connections to public utility facilities.
C.
Installation of mailboxes, mailbox approaches, sidewalks or any such object of lawful encroachment which would share right-of-way space with governmental transportation needs.
D.
Temporary closure of traffic or parking lanes or pedestrian ways or any such use which would encroach upon and share right-of-way space with governmental transportation needs such as parades, marathons, festivals etc.
E.
Creation of alteration of egress or ingress to private property bordering a right-of-way.
F.
The use of any county highway by a commercial vehicle that is overweight or oversized.
G.
Any work that shall impact or affect the roadbed or road surface (Road Cut) shall require a permit and shall be performed and completed as per the specifications of the Delaware County Engineering Department. In the event that the road cuts shall be determined by the County Engineer and/or Highway Department which impacts a significant portion of the roadway, then the Applicant shall be required to replace more roadway than just the area affected by their construction work as required by the County Engineer and/or County Highway Department.
H.
Exceptions.
1.
Permit is not necessary to maintain existing grass, drives, sidewalks, mailboxes or other permitted encroachments within the right-of-way.
2.
Subdivision under construction whose right-of-way, easements or other public grounds have not yet been accepted are required to meet the Subdivision Regulations but are not required to apply for a right-of-way use permit.
3.
Right-of-way or public grounds dedicated to public agencies other than the Delaware County or to Private agency or individuals, do not fall under County's jurisdiction regarding right-of-way use permits, e.g. State highway right-of-way or other public grounds such as United State Post Office property, etc.
4.
Public road construction and maintenance done under a contract of the County Engineering Department.
I.
An application for a permit must be filed with the Department no less than seven (7) business days in advance of the work to be performed.
J.
The County Engineer shall review the application and issue a written approval or denial of the permit. If any changes are requested by the County Engineer, then the permit shall be held in abeyance until such time as the permit is either denied or approved.
K.
In the event that any additional analysis, engineering review or costs incurred for the review of the permit application outside of the work on the County Engineer shall be paid by the Applicant.
5-14-4. Unlawful Activities Within the Right-of-Way.