§ 58-31. General findings.

This division is established to regulate the location, manner, installation and adjustment of utility facilities, culverts and/or driveways on a county-dedicated right-of-way, county-maintained road and highway right-of-way system and the issuance of permits for such work in the interest of safety and protection, utilization and future development of the roads and highways. It is hereby ascertained, determined and declared that:

(1)

Okeechobee County is experiencing unprecedented development activity and population growth which is anticipated to continue.

(2)

Population growth will place increasing pressure on the existing road and drainage infrastructure. This in turn will place increasing pressure on county resources (and taxpayers) to maintain and improve those roads and drainage systems within the county owned or controlled rights-of-way.

(3)

County ordinances for years, and in some case decades, have restricted or prohibited residential development on nonexistent or substandard roads. Further these ordinances have not been uniformly enforced resulting in an inefficient allocation of county resources.

(4)

Failure to uniformly apply codes generates a public perception that compliance is optional and a belief that violators will rarely, if ever, receive substantial penalties.

(5)

Substandard roads are more dangerous than roads built and maintained to county standards. Likewise, substandard roads within the county rights-of-way, increase the danger to the public health, safety and welfare and increase the county's potential liability for personal injury and damage to property.

(6)

Improperly installed utility or drainage crossings of roads contribute to the premature degradation of travel ways and can cause depressions, pot holes, and other traffic hazards.

(7)

Standards for installation of utilities or construction activities within county rights-of-way are reasonably necessary for the protection of the public and should include financial guarantees to avoid the necessity of public expenditure to correct or repair substandard or incomplete construction.

(8)

Current minimum county road standards as defined in sections 7.03.01 and 7.03.02 of the Okeechobee County Land Development Regulations are sufficient as proposed to be amended as to road rights-of-way widths, road travel lane widths, road subgrade, base and surfacing materials.

(9)

Minimum county private road standards (which relax width, travel lane and surface materials for small, unplatted lot groupings), are sufficient to avoid hardship while at the same time discourage proliferation of this development pattern; and

(10)

Encouraging in-fill of existing subdivisions not only allows efficient provision of government services, but is required under state law and the Okeechobee County Comprehensive Plan.

(Ord. No. 2008-02, § 1(Exh. A), 5-22-08)