§ 72-691. Regulations.

(a)

Purpose. The purpose of this division is to regulate the location, installation or adjustment of any facility on or under county rights-of-way, traveled ways or easements or other county-owned property (county property), including canals and drainage easements or ditches by any person.

(b)

Permit required. Any person placing, installing or adjusting any facility on county property shall have been issued a use permit prior to the commencement of construction. A facility includes driveway connection to a county road and overhead, on and underground utilities.

(c)

Jurisdiction. This division shall apply to and be enforced on all county property, whether located in incorporated areas or the unincorporated area of Volusia County.

(d)

Application procedure. Notwithstanding any other divisions of this article, an application for a use permit shall be filed, processed and approved as follows:

(1)

An application for a use permit shall be filed with the land development division (LDD) and the required filing fee paid.

(2)

Three copies of the required submittals shall be submitted with the application. The submittals shall meet the requirements of this article and contain the following information:

a.

A vicinity map showing the work area location at a scale of one inch equals 2,000 feet;

b.

The offset from the centerline of the right-of-way or road to the proposed facility;

c.

The road right-of-way and pavement width;

d.

The distance from the edge of the travelled way to the facility and the location of all other utilities within the work area;

e.

One or more typical cross-sections as required by the CDE to adequately reflect the location and construction details of the proposed facility;

f.

The minimum vertical clearance above or below the road, ground or pavement;

g.

Any other information required by the CDE.

(3)

The LDM shall determine the completeness of the application within three days of filing. If the application is determined to be incomplete, it shall be returned to the applicant. If the application is determined to be complete, the LDD shall transmit it to the CDE.

(4)

Upon receipt, the CDE shall review the application. If the application meets all of the requirements of this division, it shall be approved within seven working days of receipt. Upon such approval, the CDE shall return the application to the LDD with approval noted by the CDE or his/her authorized representative. If the application is denied it shall be returned to the LDD, with the reasons for denial noted thereon, within seven working days of receipt.

(5)

If the application has been approved, the LDM shall issue the use permit immediately. If the application has been denied, the LDD shall immediately notify the applicant. If denied, the applicant or any aggrieved person may refile in accordance with the provisions of this subsection, as for a new application, the applicant or any aggrieved person may appeal the denial to the DRC, as provided in subsection 72-502(g).

(6)

A guarantee of completion of the permitted construction may be required by the CDE if in his/her opinion the proposed construction would constitute a significant traffic hazard if not completed as proposed. Such guarantee shall be the same as established in subsection 72-656(a)(1) and shall be returned to the permittee upon satisfactory completion of construction or shall be used to ensure completion of construction by the county where construction is not satisfactorily completed.

(7)

The use permit may be revoked by the CDE for reasons of public safety.

(Ord. No. 96-32, § XXXIV, 12-19-96; Ord. No. 2008-25, § III, 12-4-08)