CHAPTER 4
THE UTILITY INSTALLATION PERMIT ORDINANCE
TITLE IV STREETS, ROADS,
SECTION 1. TITLE
This ordinance may be known and may be cited and referred to as the "Jones
County Utility Installation Permit Ordinance".
SECTION 2. PURPOSE
The purpose of this ordinance is to insure uniform and reasonable installation
of utility lines on and along County public secondary road rights-of-way that
will protect and preserve the highway corridor potential for future expansion,
construction and growth and to insure that future improvements in or along the
public secondary road rights-of-way may occur at a reasonable cost to the
County taxpayer. This also includes adoption of provisions for the
inspection and regulation of utility line installations, including the issuance
of permits and the collection of inspection fees, and to provide penalties for
the violation of this ordinance in order to protect public safety, health and
welfare.
SECTION 3. DEFINITIONS
For use in this ordinance, certain terms and words used herein shall be
interpreted or defined as follows:
A. Applicant: Includes a
person, persons, company, corporation or governmental entity desirous of
placing a utility line on, under or along the County's secondary road system.
B. Board of Supervisors:
Refers to the
C. County: Refers to
E. Utility line: Refers to all
cable, pipeline and tile lines constructed either underground or above ground
on a County secondary road right-of-way or within one hundred fifty (150) feet
of the centerline of a County secondary road and shall include but not be
limited to the following: water lines, telephone lines, fiber optic
lines, electric lines, tile lines, pipelines, storm sewer lines, and sanitary
sewer lines.
SECTION 4. POWERS OF THE BOARD OF SUPERVISORS
An applicant shall not place a utility line on, under, or along the secondary
road system without a utility permit issued by the Board of Supervisors.
An applicant shall not place a utility line on, under or along the secondary
road system, which violates a utility permit issued by the Board of
Supervisors. All jurisdiction and control over the issuance of a utility
permit shall rest with the Board of Supervisors.
SECTION 5. COUNTY ENGINEER TO ADMINISTER
The Jones County Engineer may make such rules and regulations, not inconsistent
with this ordinance, as are necessary to carry out the administration of this
ordinance. The utility permit form, and all
amendments thereto, shall be adopted by the Board of Supervisors by
resolution. Application forms are available from the Office of the Jones
County Engineer. An application for a permit shall be approved by the
Jones County Engineer and the Board of Supervisors. The Jones County Engineer
may authorize construction of a utility line on, under or along a County
secondary road to commence prior to Board of Supervisors approval when circumstance require immediate action.
SECTION 6. AUTHORITY TO ESTABLISH
The Board of Supervisors is empowered to establish and require a utility permit
under the authority of Iowa Code Chapters 306, 319, 320, 331, 477, 478, 479,
479A and 480.
SECTION 7. PENALTY
Violation of this ordinance is a county infraction under Iowa Code Section
331.307, punishable by a civil penalty of $100 for each violation. Each
day that a violation occurs or is permitted to exist by the applicant
constitutes a separate offense.
SECTION 8. SEVERABILITY CLAUSE
If any section, provision, or part of this ordinance shall by adjudged invalid,
or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof, not adjudged
invalid or unconstitutional.
Passed and approved May 10, 1994
Published May 25 and 26, 1994
Replaced September 29, 1998
Published October 14, 15, and 16, 1998