§ 153.01  ROAD CUT PERMITS.
   (A)   Authority. The Board of Commissioners enacted the road cut permit, ordained through the authority provided under Indiana Code.
   (B)   Jurisdiction. This section shall apply to all land within the county, except that which lies within the municipal jurisdiction of the City of New Albany, the Town of Georgetown, and the Town of Greenville.
   (C)   General provisions.
      (1)   No person, firm, or corporation shall cut into, tunnel under, or make any excavation in any County Road without first obtaining a road cut permit from the Board of Commissioners’ office.
      (2)   Prior to the consideration of an application, an applicant must submit to the office of the County Infrastructure Coordinator/Engineer an application, which shall accurately describe the location of the proposed road cut and the specifications required by this section for such construction. The application will be forwarded for review to the County Highway Superintendent.
      (3)   The application shall be in accordance with all applicable standards, and shall not be in conflict with any approved Transportation or Land Use Plan by the Board of Commissioners.
      (4)   The applicant, who may be the owner, agent, or contractor, shall submit a Location Construction Plan showing specifications, including the following:
         (a)   Name of applicant;
         (b)   Location of the intended cut, tunnel, or excavation on a map;
         (c)   Proposed size of intended cut, tunnel, or excavation;
         (d)   Person, firm, or corporation doing the actual work;
         (e)   Certificate of insurance for the person, firm, or corporation doing the actual work;
         (f)   A time schedule for completion and restoration; and
         (g)   A signed application form.
      (5)   All applications for permits shall be filed in the office of the Board of Commissioners.
      (6)   A preliminary field meeting shall take place between the County Infrastructure Coordinator/ Engineer, County Highway Superintendent, and applicant prior to any activity taking place. At the time of the preliminary field meeting, the road cut fee shall be established.
      (7)   Road cut fee shall be paid in the office of the Board of Commissioners prior to the issuance of the road cut permit. The Board of Commissioners’ office will forward the permit to the County Road Department.
      (8)   Upon field meeting, the county reserves the right to require a bond to be posted by the applicant in favor of the county. Bonds shall be filed with the County Infrastructure Coordinator/Engineer’s office before a permit is issued.
      (9)   Applicant must have copy of the permit on-site.
      (10)   In case of emergency repairs, the applicant shall notify the County Infrastructure Coordinator/County Engineer and/or County Highway Superintendent as soon as possible, and an emergency repair permit shall be issued by the county. The county will determine the fees applicable, and those will be payable within 48 hours of the emergency.
   (D)   Fees. Permit fees shall be as follows:
 
Permit
Fee
Administrative
$100
Improper backfill
$1.87 per square foot
Road cut
$3.89 per square foot of trench, cut into pavement for final asphalt coat
Tunnel
$100
 
   (E)   Road cut requirements.
      (1)   All excavated material shall be hauled off-site. Pipe, wire, or conduit will be placed on proper bedding.
      (2)   Utility trenches in the roadway, including the curb and five feet beyond, if disturbed, shall be backfilled with flowable fill.
      (3)    Flowable fill shall be for utility trench backfill and achieve a minimum strength of 75 PSI and a maximum compressive strength of 250 PSI at 14 days, as tested. All products must be tested, and the test results shall be submitted to the County Infrastructure Coordinator/Engineer prior to its use in the roadway or right-of-way.
      (4)   A list of approved mix designs is available through the County Infrastructure Coordinator/Engineer’s office.
      (5)   Flowable fill shall remain accessible for digging with a standard backhoe. Trenches shall be filled with flowable fill to within two inches from the surface. Material shall be protected from traffic until adequate strength has been achieved.
      (6)   The applicant can request a waiver of the flowable fill to the County Infrastructure Coordinator/Engineer and County Highway Superintendent.
      (7)   Final blacktopping and sealing of the trench shall be completed by the applicant. The applicant shall notify the County Road Department for final inspection.
      (8)   It shall remain the responsibility of the applicant to maintain the road cut in a safe condition until such time as the County Highway Department paves said cut.
      (9)   Any additional work due to improper backfilling will be billed to the applicant as an addition to the original bill.
      (10)   The County Infrastructure Coordinator/Engineer shall inspect or cause to inspect all excavations, cuttings, and tunnels being made in, or under, any public road to ensure compliance with said ordinance.
      (11)   The applicant shall notify the County Highway Department and County Infrastructure Coordinator/Engineer’s offices 24 hours prior to any work being conducted, unless in cases of emergency repair.
      (12)   The Applicant is responsible for placement, supply, maintenance of barriers and warning devices necessary for the public safety.
      (13)   All cleanups, repairs, and/or replacement of cable, pipes, or conduit are the responsibility of the applicant.
      (14)   The applicant shall be responsible for all debris and material on-site and shall ensure no material is discharged into streams or waterways.
   (F)   Penalties.
      (1)   The County Infrastructure Coordinator shall act as the enforcement agent of the Board of Commissioners and shall have the power to issue said fine.
      (2)   (a)   The property owner may appear before the Board of Commissioners to appeal the violation.
         (b)   The Board of Commissioners has the ability to waive or reduce the fine based on reasonable cause.
(Ord. 2010-IV, passed 2-2-2010)  Penalty, see § 153.99