56-15 - Permits to place poles, wires, etc., in roads and streets in certain counties; charge therefor.
§ 56-15. Permits to place poles, wires, etc., in roads and streets in certaincounties; charge therefor.
A. The governing body of Albemarle County, Chesterfield County, HenricoCounty, Prince William County, or York County, may adopt an ordinancerequiring any person, firm or corporation to obtain a permit from the countyengineer or such other officer as may be designated in such ordinance beforeplacing any pole or subsurface structures under, along or in any county roador street in such county which is not included within the state highwaysystem or secondary system of state highways, or any lines or wires thatcross any such road or street, whether or not such road or street be actuallyopened, and may provide in such ordinance reasonable charges for the issuanceof such a permit and penalties for violations of the terms of such ordinanceto be imposed by the court, judge or justice trying the case.
B. In the event the county engineer or such other officer as may bedesignated fails or refuses to issue any such permit requested within thirtydays after application therefor, or attaches to such permit conditions towhich such person, firm or corporation is unwilling to consent, then suchperson, firm or corporation may proceed to make such crossing pursuant andsubject to the provisions of §§ 56-23 to 56-32, as if the application hadbeen made to the board of supervisors or other governing body of the county.
C. The provisions of this section shall not apply with regard to theoccupancy and use of any public roads, works, turnpikes, streets, avenues,and alleys by a renewable generator that has acquired the authority to locatedistribution facilities therein pursuant to Chapter 11 (§ 67-1100 et seq.) ofTitle 67.
(1942, p. 222; Michie Code 1942, § 3885a; 2007, c. 813; 2009, c. 807.)