§ 2-28-24. Authority of right-of-way manager and county.

(a)

To the extent not otherwise prohibited by state or federal law, the county may impose reasonable rules, conditions or regulations governing the placement or maintenance of a facility in a right-of-way and shall have the power to prohibit or limit the placement of new or additional facilities within a particular area of right-of-way.

(b)

There shall be one designated right-of-way manager with plenary oversight over all matters related to the County's management of its right-of-way. The right-of-way manager is authorized to issue, deny, modify, revoke, suspend or issue with conditions a permit for right-of-way utilization or construction subject to the terms of this article. Other than a decision to grant the permit as requested by the applicant, any decision on the part of the right-of-way manager shall be communicated to the applicant in writing and shall state with specificity the reason(s) for the decision.

(c)

The right-of-way manager is hereby authorized to establish and publish all rules and regulations necessary for the interpretation, clarification and administration of this article, to the extent same are not inconsistent with the provisions of this article. The right-of-way manager is further authorized to design and publish any and all forms deemed necessary to effectively implement the provisions of this article.

(d)

Where construction of facilities within the right-of-way is done pursuant to (1) an approved county capital improvement project, (2) any requirement of the County's Land Development Code, (3) a development order, or (4) an agreement with the county, the right-of-way manager is authorized to waive the permitting requirement if the right-of-way manager determines that the construction project has received or shall receive full design and construction review and inspection approval that meets the minimum standards required within this article.

(e)

To the extent any county-owned facility is being constructed or relocated and the cooperation of any other governmental or nongovernmental entity is required, the county may enter into a facility location or relocation agreement, the terms of which shall govern the construction or relocation of the county facility at issue.

(Ord. No. 17-21 , § 3, 3-7-17; Ord. No. 17-48 , § 3, 11-7-17)