(A) A separate permit shall be obtained for each excavation made in road/streets, sidewalks, alleys and rights-of-way which are maintained by the County Highway Department. That such a permit shall be issued by the office of the Board of County Commissioners.
(B) (1) The application shall be made on a form provided by the county. The form shall provide the following information:
(a) The location of the proposed excavation;
(b) The purpose of the excavation;
(c) The probable length, width and depth of such excavation;
(d) The proposed date of beginning (work start), and approximate date of completion;
(e) The responsibilities of the developer and any municipality, governmental entity, conservancy district, political subdivision or owner (all collectively referred to as “owner”), with reference to maintenance and relocation responsibilities, shall be confirmed and warranted on an application form prescribed by the Board before an excavation permit issues; and
(f) The application shall be filed at least five days before the excavation begins except in case of an emergency.
(2) (a) Both the developer and any municipality, governmental entity, conservancy district, political subdivision or owner (all collectively referred to as “owner”) shall be required to sign the application for excavation permit provided for by this section when the underground utility is placed within any geographical area that is under the governing control of the owner and when developer expects the owner to assume maintenance and relocation responsibilities, provided the utility is constructed and installed in conformity with the owner’s specifications, at a fixed date in the future. In cases where the applicant is a governmental agency, such as those described above or any other governmental agency, only the such governmental agency shall be required to sign the application form. In either case, signatures upon the application form constitute a promise and warranty to the county that the responsibilities set forth upon the application form are assumed by the signer.
(b) The face of application form shall contain a separate area for signature and warranty by private developers, which shall read as follows:
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DEVELOPER CONFIRMATION AND WARRANTY
Developer, whose signature appears above, expressly agrees and warrants that he/she/it will assume all maintenance and relocation responsibilities, if any, that may be required by Clark County, Indiana prior to the time that (i) the underground utility described in this application is transferred to the owner or (ii) the owner assumes maintenance and relocation responsibility therefor, whichever occurs first.
(c) The face of application form shall contain a separate area for signature and warranty by a government agency or “owner” as defined above, which shall be signed in conjunction with the private developer when applicable and which shall read as follows:
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GOVERNMENT AGENCY CONFIRMATION AND WARRANTY
The governmental entity, municipality, conservancy district, political subdivision or other government agency who will ultimately assume maintenance and relocation responsibility for the underground utility described in this application, provided the utility is constructed and installed in conformity with the specifications of said agency, hereby confirms and warrants that, after such conforming construction and installation occurs and after the required passage of time provided by applicable local ordinance, it will be fully responsible for all maintenance and relocation responsibilities, if any, that may be required by Clark County, Indiana.
(d) The County Engineer, as agent of the Board of Commissioners, is hereby authorized to refuse the granting of any application for excavation permit unless the signatures set forth above, in either joint or individual application circumstances, are provided on the application for excavating permit that is described in this section.
(C) (1) As a condition precedent to the issuance of said permit, a bond in an amount of as follows.
(a) Asphalt and concrete pavement road/street up to 20 feet: $1,000 to $2,000.
(b) Asphalt and concrete pavement road/street greater than 20 feet to 40 feet: $2,100 to $4,000.
(c) Asphalt and concrete pavement road/street greater than 40 feet to 60 feet: $4,100 to $6,000.
(d) Gravel road: up to 20 feet $500: $1,000 greater than 20 feet to 60 feet: $1,000 to $2,000.
(2) Anything greater than indicated in this section in length of excavation, a special permit shall be obtained by written request.
(3) Continuing bond will be acceptable if the amount is not less than $8,000. A permit shall be obtained with every excavation not greater than 60 feet in length of excavation at a time.
(4) The bond shall be executed by the person, firm, desiring such a permit, with surety to the satisfaction of the authorized person by the Board of County Commissioners, conditioned upon strict compliance with the terms of said permit, and to pay all damages whatsoever occasioned by or incident to repairing said surfaces.
(D) The applicant shall assume all liability for damage caused by such opening or excavation, including, but not limited to, damage caused by interference with the existing utility service or injuries to persons or properties due to such excavation, and the applicant shall be responsible for maintaining at all times, necessary signs, signals and barricades in accordance with the updated state highway standard specifications and uniform traffic control device.
(E) (1) The applicant shall replace the fill according to the sketched specifications which shall be provided by the County Highway Engineer and be on file at all times in the office of the Board of County Commissioners. Anything that is not specified in this sketched specification shall comply with the state highway standard specifications.
(2) Any person or firm making such an opening shall complete all work within the time as stated in the application, after the County Engineer or authorized person by the Board of County Commissioners approves the application. In case such a excavation is not completed, said failure state highway standard specifications.
(3) Final inspection shall be made by the County Engineer or the person authorized by the Board of County Commissioners only upon written request of the applicant.
(4) The written resolution of the inspection shall be sent to the applicant by the authorized person making the inspection.
(5) The bond shall be released only when the final inspection is completed and is satisfactory to the County Commissioners.
(F) An inspection fee of $15 shall be charged for each county road cut requested.
(G) If there are a minimum of three road cuts within a 1,200 continuous length of county road, then the contractor shall repave all of county road between said furthest cuts. Note: amendment added effective 8-5-1985 as follows.
(1) After any person, firm, utility company or governmental unit has cut and/or excavated a county roadway, it shall have a continuing responsibility to the county to maintain said cut and/or excavated area.
(2) (a) If after a county roadway is cut by any of the aforesaid, a problem of sinking or breaking of the repaved area is encountered, the County Engineer is authorized to write a letter to the responsible party to correct the problem within ten days.
(b) If the matter is not corrected within that time limit to the satisfaction of the County Engineer, the responsible party shall be liable in damages to the county.
(3) The “inspection fee” designation, for describing the $15 fee designated above is now ordained and designated as a “permit fee”.
(4) Every person, entity, governmental unit, corporation or applicant, without exception, shall be assessed the $15 permit fee for each road cut requested.
(Ord. 5-1981, passed 8-17-1981; Ord. 1-1996, passed 2-6-1996)