(A) Short title. This chapter shall be known and may be cited as the “County Road Right-of-Way Control Ordinance of Johnson County, Indiana”.
(B) Authority. This chapter was enacted pursuant to State Home Rule and consistent with the provisions of I.C. 8-1-23-3 and 8-20-1-28 as amended.
(C) Purpose. The purpose of this chapter is to control the installation of utilities in the county road right-of-way to protect the public health, safety and welfare through:
(1) Establishment of standards governing selected work in the county road right-of-way; and
(2) Creation of a permit system and enforcement program to ensure compliance with standards.
(D) Compliance. It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any county road or right-of-way within the county or to attach or remove any wire, pipe or conduit from any county bridge, overpass or underpass, unless the activity is in full compliance with all provisions of this chapter and after lawful issuances of permits required by this chapter. The installation of a utility line serving a single property shall be excluded from the permit requirements of this chapter provided that the installation does not disturb pavement in county road right-of-way.
(E) Application. It is not intended by this chapter to interfere with, abrogate or amend any existing easements, covenants or other agreements between parties, nor is it intended by this chapter to repeal, abrogate, annul or in any way interfere with any existing provisions of laws or ordinances not specifically repealed by this chapter, or any rules, regulations or permits previously adopted or issued pursuant to law, provided however, that where this chapter imposes greater restriction than is imposed by existing provisions, provisions of this chapter shall control; but where the private covenants, permits, agreements, rules or regulations impose a greater restriction than is imposed by this chapter, the greater restriction shall control.
(F) Jurisdiction. This chapter shall apply to all unincorporated land within the county.
(Ord. 88-6, passed 4-4-1988)