§ 58-34. Permit.

(a)

Required. A permit must be approved by the board of county commissioners and issued by the county administrator or his designee before any utility is installed on the right-of-way, whether it is for surface, underground or overhead. Permits for the installation of driveways and/or driveway culverts must be approved by the county administrator or his designee prior to installation on the right-of-way. Permit forms may be obtained by the applicant from the county planning and development department. It is expressly stipulated, and the permit holder shall be so advised in writing, that this permit is a license for a permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or to vest any property right in the holder and, further, does not relieve the permit holder of the need for obtaining any other permit that may be required by other authorities. Such permit may be revoked if the county administrator finds that the work performed is or will be detrimental to the public interest.

(b)

Application. Prior to the commencement of any work under a permit issued under this section, the applicant shall submit three copies of the permit to the county administrator or his designee for either approval or approval by the board of county commissioners. A sketch, not necessarily to scale, shall accompany each application for a culvert or driveway installation. Application for installation of utilities other than culverts and/or driveways shall be accompanied by a minimum of two sketches or drawings indicating the centerline location of the proposed installation relative to roads, pavement and ditches. One or more cross sections shall be included to reflect the location of the utility.

(c)

Notice. The applicant shall notify, in writing and by certified mail, all other right-of-way users in the immediate vicinity of the proposed installation stating his intentions. Such notification shall advise other users that any objection to the applicant's proposed construction by the other right-of-way users must be forwarded by certified mail to both the applicant and the county administrator's office within seven working days of the applicant's notification letter.

(d)

Processing. The application shall be submitted to the county administrator or his designee for processing accompanied by the necessary sketches, plans, drawings and notification letters. For those permits approved by the board of county commissioners and/or county administrator, one approved copy along with an approved sketch or plan will be returned to the applicant. The applicant's copy of the permit shall be posted at the job site in a conspicuous location. All permits not approved will be returned by the county administrator or his designee with explanation. Final inspection will be by the county administrator or his designee and the permit holder.

(e)

Fee. All applications shall be accompanied by a fee of $75.00 for driveway permits and $250.00 for all other permits. The permit fee may be modified by resolution of the board of county commissioners.

(f)

A permittee shall, at its sole cost and expense, indemnify, hold harmless, and defend the county, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the county arising out of the placement or maintenance of its facilities in rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this article; provided, however, that a permittee's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the county. This provision includes, but is not limited to, the county's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. County agrees to notify the permittee, in writing, within a reasonable time of county receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the county from participating in the defense of any litigation by its own counsel and at its own cost if in the county's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this section shall be construed or interpreted: (1) as denying to either party any remedy or defense available to such party under the laws of the state; or (2) as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as it may be amended. The indemnification requirements shall survive and be in effect after the revocation or expiration of a permit.

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