§ 150.46 RIGHT-OF-WAY DISTURBANCES.
   (A)   Permits. Two types of permits shall be established for control of work within the county right-of-way. Road and driveway permits shall cover any work concerning the installation of a private drive or connections of a new roadway to an existing roadway whether intended for public or private use. Utility installation/right-of-way permits shall cover all other construction within the right-of-way.
      (1)   Road and driveway permit. Anyone wishing to connect a private driveway or new roadway on to a public road within the county shall be required to obtain a driveway permit. It is the intent of this regulation to adopt the same driveway permit standards as established in the Indiana Department of Transportation Driveway Permit Handbook. Plans shall be submitted on all commercial and subdivision roadways. A permit bond is established for all commercial drives and new roadways into subdivisions with more than 12 lots. Minimum bond amount shall be $5000. Bonds shall remain in effect until released upon inspection by the County Engineer. See § 150.48 on increased runoff for additional specifications. See permit form attached to Ord. 9-1997.
      (2)   Utility installation/right-of-way permit and bond requirements.
         (a)   Any and all construction and utility installations within county right-of-way shall require a permit. The organization responsible for the construction/installation shall obtain the permit. A private individual must have the contractor obtain the permit. Any subcontractors or installation representatives working under contract for the owner shall be bound by the permit. Said permit is to be accompanied by a permit bond from a reputable surety in the name of the Board of Commissioners. The bond amount shall be as established by the County Engineer with a minimum of $2500 per road cut. A yearly renewable bond may be obtained for a aggregate amount of $25,000. The renew date shall be January 1 for a yearly bond. Bonds on major road cuts shall remain in effect for a period of not less than one year after final inspection by the County Engineer. A major road cut shall be defined as any cut within the county right-of-way where:
            1.   The surface width of cut is 24 inches or greater, or
            2.   A cut is run parallel to the road surface lower than a line running at a 45 degree angle from the edge of pavement where the pavement surface may be damaged by future settlement of the cut area. Cuts outside of the edge of pavement with a width of six inches or less shall not be considered a major cut. Plans or drawings of the proposed work shall accompany all requests for permits.
         (b)   The intent of this permit is to regulate construction within the right-of-way to limit damages to the highway system and maintain a safe highway system. It is not intended to establish a permanent location for utilities within the right-of-way. Utilities shall continue to be responsible for relocation as required.
         (c)   Permits can be obtained at the office of the County Engineer, 215-B W. High St., Lawrenceburg, IN. See the permit form for reference as to violation of these provisions. This specification sets forth additional regulations not necessarily mentioned on the permit form.
   (B)   Road cuts. It is the intent of the Board of Commissioners to limit the number of open cuts allowed across public roads. Care should be taken to limit the required road cuts necessary within a given project. Open or trench cuts will not be allowed across any paved roadway unless special permission is granted on a per cut basis.
   (C)   Trench excavation and backfill.
      (1)   Utility excavations under the road shall be backfilled to subgrade level in accordance with section 211 of the InDOT Standard Specifications with grade “B” Borrow. On steep grades (6% or greater), cuts ran parallel with the road surface either under or within two feet of the paved surface shall be backfilled with clay material at it's optimum moisture content and compacted to 100% modified proctor.
      (2)   The road surface shall be repaired to the minimum requirements for new construction or of the same thickness and type of materials as was existing whichever would provide the greatest structural capacity. Road cuts made through concrete pavements shall be repaired as directed by the County Engineer.
      (3)   All road cuts shall be made in an expedient a manner as possible to cause a minimal amount of delay or inconvenience to the traveling public. No more than 200 LF of trench is to be open at one time.
      (4)   Maintenance on road cuts shall be required for a period of one year from date of patching. Any settlement during this period shall be repaired to the satisfaction of the County Engineer.
(BC Ord. 9-1997, passed 6-2-97)