§ 23-87. Permit.

(a)

It shall be unlawful for any person to perform the work listed in subsections (1) and (2) below without the prior issuance of an encroachment permit by the director of public works:

(1)

Installation, construction, maintenance, renewal, removal, or relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances of any utility in, on, along, over, or under the county's public roads.

(2)

Construction, maintenance, relocation, or removal of driveways, sidewalks, curbing, bike lanes, multi-use trails, associated drainage facilities, and landscaping in, on, along, over, or under the county's public roads.

(b)

The director of public works shall develop the documentation and information required for an encroachment permit application; develop written criteria for granting, denying or revoking encroachment permits; develop guidelines listing the information required to be submitted on or with plans and specifications; promulgate all guidelines and necessary forms; and take such other administrative steps as may be necessary to enforce the provisions of this article.

(c)

The director of public works may attach reasonable conditions to the issuance of an encroachment permit for the purpose of maintaining the free flow of road traffic, protecting public safety, and preventing an applicant/permittee from jeopardizing the county's public roads' structure or the maintenance thereof.

(d)

All information and plans required to be submitted by an applicant and the written criteria for evaluating permits shall relate solely to managing the use of the county's public roads, and shall be designed solely to obtain information that furthers the stated purposes of this article as reflected in section 23-86.

(e)

The application for an encroachment permit may require the applicant to describe the nature, extent, and location of the work, and may also require the applicant to furnish a maintenance bond or performance bond or other acceptable security to pay for any damages to any part of the county's public roads or to any member of the public caused by work performed under authority of such permit.

(f)

The governing authority may require each applicant to pay cost recoupment fees in an amount established by official action of the governing authority.

(g)

Each encroachment permit shall expire if the work covered by the permit is not commenced within twelve (12) months from the date of issuance by the county as reflected on the permit.

(h)

Any encroachment permit may be denied or revoked by the director of public works for a violation of written criteria or guidelines established pursuant to this article, a violation of any condition attached to an encroachment permit, or for work otherwise in violation of the Code. The decision to deny or revoke an encroachment permit shall become effective fourteen (14) days after the date written notice is mailed to the applicant at the address on the encroachment permit application. The applicant/permittee may contest the denial or revocation by sending written reasons to the DeKalb County Executive Assistant explaining why an encroachment permit should not be denied or revoked prior to the effective date of denial or revocation. The executive assistant shall consider the written reasons and advise the applicant/permittee of his/her decision in writing within five (5) business days of receipt of the applicant/permittee's written reasons. The executive assistant's decision in this regard is final. If the applicant/permittee contests the decision to deny or revoke an encroachment permit, the effective date of such denial or revocation shall be three (3) days after the date of the executive assistant's final decision.

( Ord. No. 12-16, Pt. I, 10-23-12 )