(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)