§ 50-24. Permit required.

(a)

A village rights-of-way permit shall be required for all landscaping, construction or maintenance activity within the village rights-of-way unless the person performing the work is exempt from obtaining a village rights-of-way permit by state statute or this article. This includes, but is not limited to, any activity involving trenching, repair or installation of overhead wires, constructing, installing, or maintaining of any structure, driveway connections, culvert, or pavement, or placement of any sign or object; any tree or brush trimming activity; or the installation of landscaping features in the village rights-of-way. The holder of a permit required by this section shall not open cut any roadway in the village, unless it can be demonstrated to the village that directional bore installation is not available. The village may require the applicant to indemnify the village for any activity or placement of facilities in the village rights-of-way, provide for off-street dirt storage, prohibit street cuts during certain times, determine the size and length of any pavement cut, and prohibit cuts on new pavement. A permit from the state department of transportation may be required for the construction of accessways to, or construction within, the rights-of-way of any part of the state highway system as defined in F.S. § 334.03.

(b)

Utilities shall not be required to obtain a village rights-of-way permit to perform any landscaping, construction, repair or maintenance activity as may be necessary to maintain its overhead or aboveground facilities within the right-of-way. Utilities, however, shall obtain a village rights-of-way permit before making any pavement cuts within the right-of-way. Except for emergency repairs, the village shall be given advance notice of any excavation work within the village rights-of-way for other than routine maintenance or repair.

(Ord. No. 01-22, § 1, 12-20-2001)