§ 151.037 PERMIT APPLICATION.
   (A)   Any person, firm or corporation desiring to cut, dig, trench, excavate, grade, tunnel, bore, or in any way disturb any road, street, alley, sidewalk, roadside ditch, right-of-way or other public place, or to attach or remove any wire, pipe or conduit from any county bridge shall make application for a permit therefor, which application shall be presented to the County Highway Engineer or the Engineer’s assistant for approval, or in their absence, to the County Highway Superintendent who may issue such permit only with the advice and consent of the County Board of Commissioners. Said application shall indicate the estimated time or dates during which the cut, dig, trench, excavate, grade, tunnel, bore or attachment or removal any wire, pipe or conduit from any county bridge is to be made, shall describe the estimated kind and dimension in feet and inches of the proposed work, together with the type of road surface, the nature of the opening to be made and the exact purpose of the proposed work; said application shall specifically describe the road, street, alley, sidewalk, roadside ditch, right-of-way or other public place where such work is to be done. The County Highway Engineer shall have the right to prescribe the method of the proposed cut, dig, trench, excavate, grade, tunnel, bore, or attachment or removal any wire, pipe or conduit from any county bridge, and the location and the time the proposed work shall be performed. Said applicant shall agree in connection with each and every written application for each such permit 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 such 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. Such maintenance to meet the approval of the County Highway Engineer or the Engineer’s assistant with the advice and consent of the Board of Commissioners.
      (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 and around the place where such work is being done, so long as the work in any way interferes with traffic.
      (3)   Take all responsibility for any injury or damage resulting to persons or property because of such work.
      (4)   Conspicuously display at the site of such cut, dig, trench or excavation opening the name and address of the person to whom the permit has been issued, so long as the cut, dig, trench or excavation is open and barricades are in place.
      (5)   Give notice to the County Highway Engineer or the Engineer’s assistant prior to every day that the excavations are open. If the application is approved, a permit shall be issued by the County Highway Engineer or the Engineer’s assistant or, in the absence of either, by the County Highway Superintendent, with the advice and consent of the Board of Commissioners. Such permit shall state the period of time for which the same is issued, shall be numbered and dated, and shall specifically describe the road, street, alley, sidewalk, roadside ditch, right-of-way or other public place where such work is to be done and described in detail the work to be done. The County Highway Engineer shall keep on file all such applications and a record of all permits granted. All permits issued in compliance with the terms of this subchapter shall be made in triplicate, the original of which shall be filed with the County Auditor, a copy shall be retained by the County Highway Engineer (one for permit file and the other two for working copies), a copy shall be filed with the County Surveyor, and a copy given the applicant for said permit.
(Ord. 2021-02, passed 3-8-2021)