§ 1004-2.404. Conditions.

(a)

Conditions for Grant. Every pipeline franchise granted by the county is granted subject to all provisions prescribed by this chapter and the resolution granting the franchise, and to all applicable laws and regulations.

(b)

Construction; Permits and Locations. All franchise property: (1) must be constructed, installed and maintained in a good and workmanlike manner and of good material, in accordance with all applicable safety laws and requirements; (2) may not interfere with the use of county highways by the traveling public or for other public purposes; and (3) must conform to all applicable laws, including Divisions 1002 and 1010 of the code. A grantee shall obtain all required permits and approvals, including without limitation, all permits and approvals required by the applicable fire protection district or the state fire marshal, as the case may be. A grantee may not commence any construction or work on franchise property until the road commissioner has approved all franchise property locations and work plans. A grantee shall comply with the county's terms and conditions concerning the location within the public places in the unincorporated portion of the county or on property owned by the county, of proposed facilities, except to the extent state or federal law or regulation preempts any terms and conditions, and then the location of any proposed facilities will be subject to the state or federal terms and conditions to the extent they preempt the county's terms and conditions. Notwithstanding the foregoing, a grantee may conduct emergency repairs to franchise property without obtaining the required permits and approvals if the emergency situation renders it dangerous to delay the repairs until after obtaining the required permits and approvals. Any grantee that makes emergency repairs without a permit shall submit plans to the road commissioner as soon as possible to obtain a permit for the work performed, and shall make any changes to the repairs as required by the road commissioner.

(c)

Restoration. Upon constructing, maintaining or using any pipes and appurtenances or other facilities, or any part thereof, the grantee shall expeditiously at its own cost and expense restore to the county's standards all public places disturbed or altered as a result of grantee's actions.

(d)

Limitations of Pipeline Franchises. No pipeline franchise granted under this chapter shall be construed or interpreted to permit a grantee to use any franchise property for any purpose other than the transmission of liquid or gaseous substances, or ensuring the integrity and safety of the pipeline, unless approved in advance in writing by the public works department. Nothing in this chapter shall be construed to permit a grantee to construct new poles or other new franchise property above or below ground, except as permitted in writing by the public works department. Fiber optic or telecommunications facilities may be used only for pipeline operations, maintenance and safety, and for no other purpose, unless the franchise agreement expressly provides for this type of use. A grantee may not allow third parties to use franchise property without the prior written consent of the road commissioner.

(e)

Non-Exclusivity. A franchise granted under this chapter is non-exclusive. A franchise does not convey to a grantee an easement or any other right, title, or interest, but conveys the limited, specific rights and privileges to enter upon and use the pipelines in the manner set forth in, and subject to the conditions, limitations, and obligations of, this chapter.

(f)

Contaminants. A grantee may not allow any contaminant to be generated, used, stored for any period of time, released on, under, or from any franchise property, except in full compliance with all applicable laws. If any potential or known release, threatened release, generation, storage, disposal or placement of any contaminant occurs on, in, near, or from any franchise property, the grantee shall immediately notify appropriate emergency personnel, public agencies, and the public works department.

(Ord. No. 2013-19, § II, 8-13-13)