For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. A location which allows vehicular and/or pedestrian traffic to cross the highway right-of-way line and is positioned at the connection of a driveway with the approach at the right-of-way line.
ACCESS, CONTROL OF. The condition where vehicular traffic movement from abutting property to the highway is fully or partially controlled.
APPLICANT. A person, partnership, company, corporation, association or agency making application for a permit to perform work on an approach.
APPLICATION. A formally prepared request for a permit which is presented by an applicant on a permit form to the County Highway Department seeking permission to perform work on a County highway right-of-way.
APPROACH. A way or place improved for vehicular or pedestrian traffic on the existing or apparent right-of-way that joins the pavement edge of the highway with a driveway or pedestrian walkway.
AUXILIARY LANE. A portion of the roadway adjoining the traveled way for parking, speed change, turning, storage for turning, weaving, truck climbing or for other purposes.
AVERAGE ANNUAL DAILY TRAFFIC (AADT). The total traffic volume passing a point or segment of a highway facility, in both directions, for one year, divided by the number of days in that year.
AVERAGE DAILY TRAFFIC (ADT). The total traffic volume during a given time period, in whole days, greater than one day and less than one year, and divided by the number of days in that time period.
BOND. Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the County Attorney.
COMMERCIAL APPROACH. An approach that joins the highway with a driveway to private property used for commercial purposes or to a public property.
COMPREHENSIVE PLAN. Inclusive physical, social and economic plans and policies in graphic and verbal statement forms for the development of the county and the constituent communities within its planning jurisdiction, prepared and adopted by the Plan Commissioners and the Board, pursuant to the State Acts and including any part of the plan and/or policies separately adopted and any amendment to the plan and/or policies or parts thereof.
CONFLICT. A traffic event that causes evasive action by a driver to avoid collision with another vehicle, usually designated by a traffic signal application or evasive lane change.
CONFLICT POINT or CONFLICT AREA. An area where intersecting traffic either merges, diverges or crosses.
CONSTRUCTION PLAN(S). The maps or drawings accompanying a permit application, showing the specific design elements and the location of existing topography and proposed construction features to be installed for a proposed improvement within a county right-of-way in accordance with the requirements of this chapter.
COUNTY. Hancock County, Indiana, acting through its legislative body, the County Board of Commissioners.
COUNTY ATTORNEY. The licensed attorney designated by the county to furnish legal assistance for the administration of these regulations or other legal assistance as provided by statute or ordinance.
COUNTY ENGINEER. The licensed engineer designated by the county to furnish engineering services in accordance with I.C. 8-17-5, including the administration of these regulations.
COUNTY GOVERNMENT. That governmental body of the county empowered to adopt planning and public policy ordinances: the County Commissioners.
COUNTY HIGHWAY DEPARTMENT. The County Engineer, acting directly or through his or her duly authorized employees and agents.
CROSSOVER. A paved or graded crossing in the highway median which allows vehicles to cross or to turn across the highway.
CUL-DE-SAC. A road with only one outlet, having a paved, circular turnaround area at the closed end.
DESIGN HOUR VOLUME (DHV). The traffic volume for the design hour in the peak direction of flow, usually a forecast of the relevant peak hour volume, in vehicles per hour (VPH).
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent for making applications for development approval shall be required from the legal owner of the premises.
DRIVEWAY. A way or place not on the county right-of-way that is used for vehicles. Inasmuch as the shoulders of all highways will not be surfaced, driveways, for the purpose of this definition, are constructed to extend to the outside edge of the traveled way of any highway.
DRIVEWAY WIDTH. The narrowest width of driveway measured perpendicular to the centerline of driveway.
EASEMENT. An authorization grant by a property owner for the use of any designated part of his or her property for use by another for a clearly specified purpose(s).
EGRESS. The exit of vehicular traffic from abutting properties to the highway.
ESCROW. A deposit of cash with the Board, in lieu of an amount required and still in force on a performance or maintenance bond. Escrow funds shall be held by the County Auditor.
EXPIRATION DATE. The last calendar day that the valid permit is in effect and the date that the approach must be in compliance with all conditions of the permit.
FIELD APPROACH. An approach which joins the highway with a driveway to private property that is vacant, in an unimproved condition or a farm field.
FRONTAGE ROAD. Any road which is generally parallel to a major road and is used to control access, access property or maintain traffic circulation.
FRONTAGE WIDTH. The distance along the highway right-of-way line in front of and abutting a property.
GOVERNING BODY. The body of the relevant local government having the power to adopt ordinances.
GRADIENT or GRADE. The rate or percentage of change in slope, either ascending or descending, from or along the highway. It is to be measured along the centerline of the roadway or approach.
INGRESS. The entrance of vehicular traffic to the abutting properties from a highway.
INTERESTED PARTIES. Those parties who are the owners of properties adjoining or adjacent to the proposed improvement.
ISSUE DATE. A calendar day that the permit is granted to the applicant.
JOINT OWNERSHIP. Joint ownership among persons shall be construed as the same owner.
LEVEL OF SERVICE. A qualitative measure of the effect of a number of factors including speed and travel time, traffic interruptions, freedom to maneuver, safety, driving comfort and convenience and operating costs.
LIMITED ACCESS FACILITY. A highway especially designed for through traffic and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of direct access, light, air or view by reason of fact that their property abuts the limited access facility or for any other reason.
MEDIAN. The portion of a divided highway separating the traveled way for traffic proceeding in opposite directions.
MONUMENT. A physical structure which marks the location of a section corner or other survey point.
NOTICE. A certified letter from the County Highway Department addressed to the owner(s) of the real estate stating that the approach(es) for a driveway(s) emanating from the real estate is unauthorized or not in compliance with the approved permit.
OFF-SITE. Any premises not located within the area of the property containing the proposed improvement, whether or not in the same ownership of the applicant.
OFFICIAL MAP. The map or maps established by the county pursuant to law showing the existing and proposed roads, highways, parks, drainage systems and setback lines theretofore laid out, adopted and established by law and any amendments thereto adopted by the county or additions thereto resulting from the adoption of subdivision plats by the Plan Commission and subsequent filings of the approved plats.
OWNER. Any person, group of persons, partnership, firm or firms, corporation or corporations or any other legal entity having legal title to or sufficient proprietary interest in the land seeking a permit under these regulations.
PERMIT. A legal document in which the Board gives written permission to an applicant.
PERMITTEE. The applicant following the issuance of a permit by the county.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
PLACE. An open, unoccupied, officially designated space, other than a road or alley, permanently reserved for use as the principal means of access to abutting property.
PLAN COMMISSION. The County Plan Commission as referred to herein and not the County Board of Commissioners or any other commission unless so specified.
PRIVATE APPROACH. An approach which joins the highway with a driveway to private property having a residence, barn, private garage or other improvements and is ordinarily used only by the owner or occupant of the premises, guests and necessary service vehicles.
PUBLIC AGENCY. An agency or governmental unit acting under the aegis of and representing an elected or appointed council, commission or other policy-making or advisory body of federal, state or local government to whom it is responsible.
PUBLIC IMPROVEMENT. Any drainage ditch, road, highway, parkway, sidewalk, pedestrian- way, tree, lawn, off-road parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established. All PUBLIC IMPROVEMENTS shall be properly bonded.
PURCHASED LIMITED ACCESS. Rights-of-way along any highway designated by a Public Agency to be a limited access facility and whose access rights have been acquired by the agency.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered to practice in the State of Indiana, or permitted to practice in Indiana through reciprocity.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the State of Indiana or permitted to practice in Indiana through reciprocity.
RIGHT-OF-WAY. All land under the jurisdiction of and whose use is controlled by a Public Agency.
ROAD, ARTERIAL. A road intended to move through-traffic to and from major attractors such as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the county and/or as a route for traffic between communities; a major thoroughfare. They are typically federal and state roads of regional importance. They are high capacity highways moving traffic at fast rates of speed. They provide good continuity between distant points and are constructed to high standards. ARTERIALS usually provide two to four traffic lanes and should have a median wherever possible. Crossing traffic from other roads and access to abutting properties are often controlled or partially so.
ROAD, LOCAL. A road designated primarily to provide access to abutting properties, usually residential.
ROAD, MAJOR COLLECTOR. A road that has less regional importance than an arterial and more county or inter-county significance. They are medium capacity highways moving at relatively fast rates of speed. They can include both state roads and county roads. MAJOR COLLECTOR ROADS typically provide two traffic lanes and are planned to facilitate the collection of traffic from local roads and provide convenient ways for traffic to reach arterial roads.
ROAD, MINOR COLLECTOR. A road that is a moderate capacity thoroughfare designed to accommodate relatively low speed traffic. They should, however, provide for a smooth flow of traffic. Two traffic lanes, unseparated, but wider than local road lanes should be provided.
ROAD, RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the road.
(Ord. 1999-6E, passed 6-28-99)