The purpose of this chapter is to regulate utility access under and along the roads in the county, in order to ensure proper drainage and to provide locations of general utilities in the area. In addition to the standards below, all standards of the Zoning Ordinance shall be met. Permits and/or access may be denied if any one of the following standards is not met, is deemed hazardous, is contrary to the Comprehensive Plan, or is not in accordance with any other existing ordinance.
(Prior Code, § 91.01) (Ord. 07-05, passed 5-07-2007; Ord. 08-12, passed 11-3-2008; Ord. 09-02, passed 4-6-2009; Ord. 09-12, passed 9-8-2009; Ord. 10-11, passed 12-6-2010)
(A) (1) A county road cut permit shall be required prior to trenching, excavating, digging, installing poles or other hardware used for overhead utilities, or any other activity which results in the interference, removal, or destruction of any surface or subsurface of any county road, or areas adjacent to the roads belonging to the county.
(2) The County Highway Department (CCHD) shall reserve the right to designate on the permit when the roadwork may start in order to minimize congestion during peak traffic periods and/or in situations that public safety may be compromised and/or jeopardized.
(B) A county road cut permit requires a sketched plan or drawing detailing exact location(s), dimensions, depth of opening(s), or the distance from the main portion of the traveled road be submitted and attached to the permit application.
(C) Submitting a county road cut permit does not provide or authorize the applicant the approval to proceed. The applicant must wait for the appropriate reviews and approvals before proceeding. Failure to do so may result in penalties and fines being pursued against the applicant, as outlined in § 91.99(A) through (D).
(D) (1) A completed county road cut permit application, to include the plan as defined in division (B) is to be submitted to the CCHD at 1231 North State Road 17, Logansport, for initial review. When required and as determined by the CCHD Superintendent, the permit application will be sent to other county agencies for review and approvals (e.g., County Drainage Board). The applicant and/or his, her or their representatives should be prepared to attend a meeting (or meetings) to discuss the permit application, especially if there are questions or areas of dispute with adjacent landowners or residents.
(2) Once this initial review and approval process is complete and if required, the CCHD will contact the applicant by phone and advise the amount of the performance bond that must be filed with the application. (See § 91.03(D).) It is the responsibility of the applicant to make sure the CCHD has a phone number he, she, or they can be contacted at during normal business hours. Once the CCHD has the required performance bond in hand for the amount stipulated, the application will be approved, and the applicant notified either by phone and/or via regular postal mail of this status. Typically, once all documents and fees have been submitted, a “notice to proceed” can occur within 48 hours (based on a normal business day). Should the applicant request any other notification method that exceeds the normal cost for notification noted previously, he, she, or they will be required to provide payment up front for any and all costs associated with utilizing the notification method of his, her, or their choice.
(E) It will be the responsibility of the applicant to coordinate, handle any requests for road closure through appropriate agencies, and to provide all required traffic safety signage as is necessary. Traffic control must be in accordance with the current edition of the Manual of Uniform Traffic Control Devices and all other county, state, and federal laws. If the roadway is to be closed for any length of time, the applicant must notify the CCHD and the County Sheriff’s Department prior to the designated date/time with an estimate of the road closure timeframe. If there is an issue or conflict, the priorities of the CCHD and/or the County Sheriff’s Department shall take precedence and the applicant’s work rescheduled.
(F) (1) (Special Note: This provision applies if the applicant elects to restore the road cut, as provided for in division (M) below.) The party assigned to perform the work identified and/or the applicant named on the approved county road cut permit agree to place the portion(s) of the roads, and/or parts adjacent thereto, in as good condition using same (or better) materials as it was previous to the work performed, and to backfill any trench or opening by thoroughly tamping the backfill in layers not to exceed four inches deep.
(2) The applicant also agrees to maintain the affected surface area(s) for a period of 12 calendar months from the date of completion, as defined elsewhere in this chapter. If representative(s) of the CCHD is/are not satisfied with the repairs, the applicant will be obligated to redo immediately (or within a schedule approved prior by the CCHD Superintendent) the affected area(s) using appropriate materials that are required to return the area to at least its original condition as noted previous.
(G) Vegetated areas within the county right-of-way that are disturbed as a result of any work performed, outlined, or detailed on the road cut permit shall be returned to its original condition to include, but not be limited to: placing sod in the disturbed area(s); and seeding, mulching, and fertilizing the affected area(s) to prevent erosion.
(H) Overhead utilities shall be located on poles above the roadway surface in accordance to the standards set forth in the National Electric Safety Code (NESC: reference height 18 feet minimum). Applicants should consult the code prior to starting work for requirements to their specific situation to ensure compliance.
(I) It is the responsibility of the applicant, prior to the start of any work, to make sure there are no existing utility lines or services in the area(s) he, she, or they plan to perform the work. If lines or services are located, the applicant must exercise due care in performing said work to avoid damaging lines, pipes, and the like or disrupting services. Should the applicant damage utility lines, pipes, and the like and/or disrupt service, he, she, or they will be responsible for all costs related to making the required repairs, and/or resuming services, by the specific utility affected. The applicant shall indemnify county and its agents of any and all liabilities related to an applicant’s accidents, mistakes, or negligence in this regard.
(J) Buried utilities shall be a minimum of 24 inches below the ground surface. Failure to comply with this regulation may result in the destruction and/or disruption of service of the utility.
(K) Running utilities within county’s right-of-way should be avoided whenever and wherever possible. If there is an issue with complying to this provision, the CCHD needs to be contacted immediately. If no other options are available, as determined by the CCHD Superintendent, the CCHD will note its documents accordingly for future use.
(L) Digital plans from public utilities shall be submitted to CCHD on an annual basis (no later than January 15 of each calendar year) for planning and emergency purposes only.
(M) Cuts across any hard surface involving a county roadway shall be restored in one of the following manners:
(1) Compacted Number 53 stone to within eight inches of roadway surface; eight inches of cold mix asphalt or hot mix asphalt. Copies of the batch ticket for the materials used shall be submitted to the CCHD; or
(2) Using flowable fill, also known as controlled density fill, would be acceptable if it is within, or better than, specifications. The specifications can be available upon request from the CCHD. Copies of the batch ticket for materials used shall be submitted to the CCHD.
(a) In the event that inclement weather prevents the restoration of a road cut once initiated across a hard surface, the applicant will be required to cover the affected roadway with a steel plate that
is at least one-half inch thick until the repairs can be made. The applicant should also notify the CCHD of the delay and estimate a timeframe on when the work is planned to be completed; or
(b) The CCHD reserves the right to place a time limit on how long a steel plate can be used if circumstances related to this work activity adversely affects public safety in any manner as determined by the CCHD and/or any other county agency responsible for public safety.
(3) Copies of the batch tickets, as noted in division (M)(1) and (M)(2) above, must be submitted to the CCHD no later than the date the initial review of completed work is to be conducted. (See § 91.04(B) and (C).) Failure to submit the required batch tickets will result in the work being classified as unacceptable and the applicant will be notified accordingly.
(N) Cuts across a stone or gravel surface shall be restored with compacted material of same (or better than) substance. Any other substitutes must be approved prior by the CCHD.
(O) (1) In lieu of the restoration options (applicant’s responsibility) detailed in divisions (M)(1) through (M)(3) above, the applicant has the option to request the CCHD and/or its designate restore/remediate the road cut as required by this chapter. All other provisions of this chapter and/or stipulations outlined in the permit process, prior to the actual road cut restoration, would remain applicable to the party named on the permit application.
(2) Any applicant, to include any party(ies) he, she, or they have, or might, use or employ to perform a road cut who has a history of non-compliance, and/or who has an unresolved open financial obligation to the CCHD, or any other county agency may be ineligible to qualify for this option. If this status exists, the communication of ineligibility will be made as part of the application review. If special circumstances warrant and/or arrangements have been made to pay any outstanding fees, a waiver to this provision can be made by the County Highway Superintendent and/or the Board of County Commissioners.
(3) (a) Prior to any work being started by the applicant, the applicant must declare his, her, or their intent to pursue the option of having the CCHD perform the restoration. Once this option is confirmed by the applicant, CCHD personnel will conduct a prior inspection of the affected area(s) based on the documents provided by the applicant. The scope of work to be performed by the applicant and the CCHD will be specifically defined, in writing, and included as part of the permit application. A preliminary non-binding “ballpark” cost (to include, but not be limited to: equipment; material; and resources required) of the remediation work to be done by the CCHD will be provided prior to the start of any work. A signature sign-off by the applicant acknowledging the projected cost to include an agreement by the applicant to pay the final fee assessment as defined elsewhere. The applicant will be advised that any work performed outside normal business hours (Monday through Friday, 7:00 a.m. to 3:30 p.m.) and/or holidays will include adjustments for any premiums that must be paid to complete the required remediation work in a timely, safe manner.
(b) Upon completion of the road cut work by the applicant or his, her, or their designate, the applicant must notify the CCHD within 24 hours of this status. The CCHD will inspect the applicant’s work and make arrangements to remediate the road cut within 30 calendar days and/or advise the applicant of any further work the applicant needs to complete. (Note: The CCHD Superintendent or his or her designate has the option to extend this completion timeframe if circumstances warrant (e.g., weather, availability of material, and/or equipment, resources, and the like).)
(c) Once the remediation work is done, the applicant will receive an invoice for the total cost to include material, labor, equipment, and any premium charges that may have resulted. The applicant will have 30 calendar days to pay the invoiced amount and/or make payment arrangements approved prior by the CCHD Superintendent, or his or her designate. Failure to comply with any provisions of this chapter may result in penalties and fines, as outlined in § 91.99.
(Prior Code, § 91.02) (Ord. 07-05, passed 5-7-2007; Ord. 08-12, passed 11-3-2008; Ord. 09-02, passed 4-6-2009; Ord. 09-12, passed 9-8-2009; Ord. 10-11, passed 12-6-2010) Penalty, see § 91.99
(A) The county will charge the following:
Road Services | Fee |
Road Services | Fee |
Boring under road | $25 |
Performance bond (minimum) | $3,000* per road cut |
Public utilities (optional) | $2,000 per year |
Road cut – gravel surface | $25 |
Road cut – paved surface | $50 |
Trenching, along the roadside, or other | $25 |
*(Actual amount contingent on scope of work identified on the permit application) | |
*Performing more than one type of cut for the same project shall result in the combination of fees as designated by the county. | |
(B) The optional payment of fees offered to public utilities shall be at the discretion and approval of the County Highway Department Superintendent. The payment of an annual fee does not exempt the public utility from any of the other provisions detailed in this chapter. Should a public utility, approved for an annualized permit payment, violate the provisions of this chapter, the annualized permit may be revoked immediately without refund of any pre-paid permit fees. The public utility would then be required to pay any fees on a case-by-case basis. The fee schedule noted in this chapter is calendar year (January 1 to December 31), subject to change with appropriate approvals.
(C) Annual permit fees are due by January 1 of each calendar year. Applications that fall outside the time frame noted will have the fee prorated for that calendar year at the time the application is approved.
(D) As a condition of obtaining final approval of a road cut permit by the CCHD, all applicants/contractors, excluding municipalities and commercial public utility entities, will be required to post a minimum $3,000 performance bond. Securing this bond will be the sole responsibility of the applicant. The performance bond, in the amount specified by the CCHD, must be provided upon notification by the CCHD that the applicant’s permit has received preliminary review and approval. Final approval to start is contingent on receiving the performance bond. This provision may be waived by the County Highway Department Superintendent, or his or her designate, if the applicant elects the option to have the CCHD remediate the road cut. This determination will be made on a case-by-case basis at the time of application.
(E) The CCHD reserves the right at the time of application, to modify the dollar amount of the performance bond, contingent on the scope of work to be done. Any change in the performance bond dollar amount will be communicated to the applicant after an initial review of the application is made by County Highway Superintendent and prior to final application approval. Any road cut application without a performance bond will be rejected. Any disputes related to the dollar amount of a performance bond will be resolved by the County Highway Superintendent.
(F) The Board of County Commissioners reserve the right to waive any and all fees.
(Prior Code, § 91.03) (Ord. 07-05, passed 5-7-2007; Ord. 08-12, passed 11-3-2008; Ord. 09-02, passed 4-6-2009; Ord. 09-12, passed 9-8-2009; Ord. 10-11, passed 12-6-2010) Penalty, see § 91.99
(A) The applicant shall submit a completed road cut permit application to the CCHD along with any fees. The CCHD will initially review the permit and then send the document on to other county agencies for review and approval when applicable. The CCHD will provide a response relative to the approval or denial of the permit within 30 calendar days of when the application was originally submitted or notify the applicant via phone or by letter of any delays and provide a new expected date for completion. Should the permit be denied and the applicant wish to appeal the decision of the CCHD and/or any other county agency involved with the review and decision-making process, the applicant can resubmit the permit to the Board of County Commissioners. A copy of any submittal to the Board of County Commissioners must be sent to the CCHD and the applicant must be placed on the Board of County Commissioners regular meeting agenda. The Board of County Commissioners will then be requested to act on the approval or denial of the road cut permit.
(B) The CCHD will obtain pictures of the affected area(s) prior to the work starting and when the work is completed. This will require the applicant notify the CCHD via phone (1-574-753-3749), letter (County Highway Department, 1251 North State Road 17, Logansport, Indiana 46947), or in person at least five business days in advance of when the work identified in the permit is to start. The applicant must also notify the CCHD within five business days of when the work is completed, except as noted in § 91.02(O) for remediation work to be done by the County Highway Department.
(C) Upon notification by the applicant that the work is complete, personnel from the CCHD will inspect the work site to ensure all provisions of this chapter, with regards to specifications, the scope of work and the required remediation of the road, and any other affected areas resulting from this work effort has been satisfactorily completed by the applicant. If the remediation of the road and/or any other affected area(s) is found to be unacceptable, corrective actions as outlined in § 91.99(A) through (D) will be pursued by the CCHD.
(D) (1) An applicant who receives an initial approval that the work has been satisfactorily completed is now, by ordinance, responsible to maintain the satisfactory condition of this road and/or any other affected area(s) as identified in the original permit, for 12 calendar months from the date the initial approval was given.
(2) Unless special circumstances exist or are discovered or uncovered during the permit application process as defined by the County Highway Superintendent or his, her, or their designate, applicants who agree to have the CCHD perform the required restoration work, will not be obligated to meet the 12-month maintenance requirement nor submit the required performance bond. An applicant who falls into the “special circumstances” category will be advised as part of (or during) the application process as to whether a performance bond is required and/or if the 12-month maintenance obligation applies.
(E) Provisions of this chapter require periodic site reviews (to be conducted and documented at the discretion of the County Highway Superintendent) of the affected area(s) by personnel from the CCHD. If, during this 12-month period the condition of the road and/or any other areas affected by the original permit degregates and/or deteriorates to the point that additional remediation is required, the date will be documented and the applicant will be notified via certified letter by the CCHD. The applicant will be given ten business days to contact the CCHD with a plan to remediate the situation. The County Highway Superintendent will provide approval to the applicant that the plan and the time frame for completion is acceptable, and, if not, what additional actions must be taken. If the applicant fails to complete the required remediation within the agreed upon time frame, which can be extended by the County Highway Superintendent if weather circumstances warrant, then the provisions of § 91.99(A) through (D) will be invoked on the day immediately following when the work was originally agreed to be complete.
(F) The 12-month period that the applicant accepts responsibility for the condition of the road and/or any other affected area(s) identified in the application will be interpreted as a calendar year and not as a rolling, incremental time frame. If at anytime during this time frame there is a need for further remediation, the applicant’s responsibility would still remain 12 months from the original date of initial approval. The only exception to this provision would be if an unacceptable condition is found within the original 12-month window and weather prevents corrective action to be taken within the given timeframe. A defined written extension beyond the 12 months can be granted by the County Highway Superintendent to allow the remediation work to be completed without penalty or fines.
(G) The applicant agrees to indemnify the county to include associated department, agencies, and their employees against any and all claims for injury or damage to persons and/or property, that may result from any work activities related to the execution of this road cut permit.
(H) The applicant further agrees that in the event the CCHD has to perform planned (or unplanned) road maintenance or improvements in an area that the applicant has made utility improvements, the applicant will have qualified personnel locate the utility improvements. When possible, reasonable notice (five business days) will be provided to the applicant to have this location activity completed.
(Prior Code, § 91.04) (Ord. 07-05, passed 5-7-2007; Ord. 08-12, passed 11-3-2008; Ord. 09-02, passed 4-6-2009; Ord. 09-12, passed 9-8-2009; Ord. 10-11, passed 12-6-2010)
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