(A) Short title. This section shall be known and may be cited as the Town Right-of-Way Control Ordinance.
(B) Purpose. The purpose of this section is to control the installation of utilities and other structures in town road right-of-way to protect the public health, safety, and welfare through:
(1) Establishment of standards governing selected work in town road right-of-way;
(2) Creation of a permit system and enforcement program to ensure compliance with standards.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CLERK-TREASURER. The Bargersville Clerk-Treasurer or his or her designee.
ROAD or TOWN ROAD. A road, street, alley, highway and/or other thoroughfare in the town.
TOWN. The Town of Bargersville, Indiana.
TOWN COUNCIL. The Town Council of the Town of Bargersville, Indiana.
TOWN COUNCIL DESIGNEE. A person designated by the Town Council from time to time.
(D) Compliance. It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any town road or right-of-way within the town or to attach or remove any wire, pipe or conduit from any town bridge, overpass or underpass, unless the activity is in full compliance with all provisions of this section and after lawful issuances of permits required by this section.
(E) Standards.
(1) Utilities installed in town road right-of-way shall conform to standards adopted by Town Council governing:
(a) Methods of installing utilities in town road right-of-way;
(b) Methods and materials used in backfilling cuts in town road right-of-way;
(c) Methods and materials used in resurfacing pavement in the vicinity of cuts in town road right-of-way; and,
(d) General methods and procedures for repairing public or private tiles damaged in the process of installing utilities in town road right-of-way.
(2) The Town Council Designee shall recommend standards for the installation of utilities in town road right-of-way and may recommend amendments to the standards from time to time as necessary and appropriate.
(F) Administration and enforcement.
(1) Administrative responsibility. The Town Council shall establish the procedures and responsibilities for the administration and enforcement of this section in accordance with the following provisions.
(2) Permit required; application; fees and charges.
(a) It shall be unlawful for any person to cut, dig or excavate, tunnel or bore in any part of any town road or right-of-way within the town or to attach or remove any wire, pipe, or conduit from any town bridge, overpass or underpass, except for the purpose of making installations pursuant to contract with the town, without first filing with the Town Council Designee a written application for permit to make such a cut or excavation, or to attach or remove any such wire, pipe or conduit from any town bridge, overpass or underpass, at least seven days in advance of the time of beginning the work to be done under the permit. All permits shall be submitted to and be approved by the Town Council Designee prior to being filed with the Clerk-Treasurer.
(b) No permit shall be issued unless the proposed installation is in complete conformity with the provisions of this section.
(c) If a right-of-way permit is issued, the applicant shall apply for a certificate of compliance which shall not be issued until the work is complete and compliance with this section is evident.
(d) Application for a permit shall be filed on forms provided by the town and shall be accompanied by a description of the location, kind and dimension by feet and inches of the proposed work together with the type of road surface to be cut or excavated, the nature of the opening to be made and the purpose of the proposed work.
(e) All applications must pay a permit and inspection fee in the amount of $100.00 for projects affecting one mile or less of town road right-of-way and shall pay $.03 for each foot of affected right-of-way in excess of one mile for each permit at the time the permit is filed. The permit shall be valid for 365 days after approval is given by the Town Council Designee .
(f) In order that affected property owners may identify the location(s) of tile(s) or other improvements susceptible to drainage in the right-of-way, the applicant shall, on forms provided by the town, notify and secure the signature of property owners along the affected right-of- way.
(g) The applicant shall provide proof of status as a bona-fide utility under applicable state statutes.
(3) Work agreed to be performed; bond or letter of credit; indemnifying agreement. As part of the written application, the applicant shall file in the office of the Clerk-Treasurer a faithful performance bond naming the town as obligee with a good and sufficient surety to be approved by the Town Council Designee or, in lieu thereof an irrevocable letter of credit issued by a bank or other financial institution approved by the Town Council Designee, in the following amounts:
(a) For each cut, dig, excavation, or tunnel which crosses the town road right-of-way, the sum of $3,000.00.
(b) For each bore which crosses the town road or right-of-way, the sum of $1,000.00.
(c) For the attachment of each wire, pipe, or conduit to any town bridge, overpass or underpass, or for the removal of each wire, pipe or conduit therefrom, the sum of $2,000.00.
(d) For each cut, dig, excavation, tunnel or bore running parallel to the town road or right-of-way, the sum of $10,000 per mile or part thereof. A single bond or undertaking, or a single irrevocable letter of credit may be filed for multiple cuts, digs, excavations, tunnels, or bores, or for multiple wires, pipes or conduits in the amount described above multiplied by the number of cuts, digs, excavations, tunnels, bores or wires, pipes or conduits. In lieu of the performance bond or irrevocable letter of credit, public utilities whose rates are regulated by the Indiana Utility Regulatory Commission may submit an indemnifying agreement, the applicant shall agree to do at least the following:
1. Maintain the road surface which has been disturbed in a smooth and uniform condition for a period of one year after traffic is again permitted to pass over the filled trench or maintain the area cut outside the pavement surface but within the right-of-way to a condition similar to the immediate surrounding area for a period of one year. The maintenance shall meet the approval of the Town Council Designee.
2. Erect and maintain all necessary barricades, detour signs, warning signals and lights by night (in conformance with the Indiana Manual of Uniform Traffic Control Devices - latest edition) required to direct traffic safely over or around the place where the work is being done, so long as the work in any way interferes with traffic.
3. Take all responsibility and shall indemnify the town for any injury or damage resulting to persons or property because of the work.
4. Each work area shall conspicuously display at the site of the street opening the name, address and telephone number of the person to whom the permit has been issued and a copy of the permit, so long as the hole is open or barricades are in place.
5. Give notice to the Town Council Designee prior to each day that excavations are opened in the right-of-way.
(4) Keeping bonds, letters of credit and indemnifying agreements current. It shall be the duty of the Clerk-Treasurer to require all persons making application for a permit under the terms of this section to post and keep current the bonds, letters of credit or indemnifying agreements required or authorized hereby.
(5) Nonapplicability related to bonds, letters of credit, indemnifying agreements, and fees.
(a) The provisions of this section relating to bonds, letters of credit, indemnifying agreements and fees shall not apply to work being done by any city, town, separate municipal corporation or county, or by any agency of the state or by an special taxing or service district established by law; provided that the entity shall give at least 24 hours notice to the Town Council Designee of any such work and shall do all things required under division (E) of this section. The provisions of this section relating to permits, bonds, letters of credit, indemnifying agreements and fees shall not apply to the setting and maintaining of utility poles and their appurtenances along town roads and rights-of-way by any public utility whose rates are regulated by the Indiana Utility Regulatory Commission except new installations greater in length than one mile.
(b) In the case of an emergency, cutting and excavating work and the attachment or removal of any wire, pipe or conduit from any town bridge, overpass or underpass, may proceed without delay; provided, that within the commencement of the work a bond, letter of credit, or indemnifying agreement as authorized herein, shall be posted the next day, notice of the work shall be given and a permit obtained from the Town Council Designee as above provided.
(Ord. 2012-19A, passed 7-10-2012; Ord. 2012-19B, passed 7-10-2012; Ord. 2016-4, passed 1-12-2016)