(A) Any person who does the following may file a petition requesting acceptance with the Board of Commissioners of the county:
(1) Owns or is interested in any real estate located along or near a private road located outside of the corporation boundaries of any city or town;
(2) Who utilizes the private road for access to and from real estate owned or interested by the person; and
(3) Wishes to obtain acceptance of the private road into the county highway system.
(B) Notice of the petition must be given in the manner prescribed in division (C) below. The petition must:
(1) Specifically describe the private road proposed to be accepted by the county. It is preferable that the description be by metes and bounds and prepared by a registered state land surveyor. However, the description may be deemed sufficient by the Board if it describes the private roadway in a manner reasonably calculated to give notice to the public of the location of the roadway;
(2) Give the names and addresses of all owners of land that abuts the roadway to be accepted or that utilize the roadway for ingress or egress, along with the book and page number of the recorded deed through which each property owner acquired title;
(3) Identify the road surface designation under which the private roadway is to be accepted;
(4) Contain a written verified certification under oath that all minimum standards set forth in this subchapter have been met and that the roadway has been inspected and approved by the County Highway Superintendent; and
(5) State the reasons why it will be in the public interest for the private roadway to be accepted into the county highway system.
(C) The Board of Commissioners shall hold a hearing on the petition within 30 days after it is received and notice is sent. The Auditor shall give notice of the petition and of the time and place of the hearing:
(1) In the manner prescribed in I.C. 5-3-1; and
(2) By certified mail to each owner of land that abuts the roadway or uses the same for ingress and egress.
(D) The petitioner shall pay in advance the expense of providing this notice and an administrative fee of $0. The petitioner shall not be entitled to consideration of the petition until the expenses of notice and administration have been paid.
(Ord. 1994-2, passed 6-15-1994)