The following forms and instructions for completing them can be obtained from the County Highway Department. Providing complete and accurate information on these forms is essential to expedite the permit processing.
(A) A document that initially is considered the application for a driveway permit and becomes the permit upon approval of the proposed driveway approach work. It contains basic information on the first page of the form needed to locate and record the permit work, and lists standard general provisions on subsequent pages. The form should be signed by the owner of the fee simple title.
(B) A document used to guarantee that work performed on the right-of-way by the applicant will be completed as required by conditions and provisions of the permit. The bonding company is bound by the bond to see that the permit is completed satisfactorily should the permittee fail to perform properly. The bond shall be approved by the Highway Department and shall be sufficient to cover the work to be performed in the right-of-way. The minimum bond shall be by approach class as stated below. This document shall be notarized.
(1) The application fees and performance bond minimums are as follows:
Approach Class | Type of Approach | Application Fee | Minimum Amount for Performance Bond |
Class I | Private Approach | $50 | $3,000 |
Class II | Private Approach | $50 | $3,000 |
Class III | Commercial Approach | $150 | $5,000 |
Class IV | Commercial Approach | $150 | $5,000 |
Class V | Field Approach | $50 | $1,000 |
(2) Applicants for other activities shall pay an application fee and post a permit/maintenance bond as follows:
Other Activities | Application Fee | Minimum Amount for Permit Bond |
Utility work | $50 | $25,000 |
Open cut within right-of-way (non-utility) | $50 | $1,000 |
Boring or push under county road | $50 | $1,000 |
Overweight or oversize vehicle | $50 | $1,000 |
House moving | $150 | $30,000 |
(C) Cash in the amount of the bond may be posted in lieu of a bond.
(D) A yearly bond may be posted by a public utility in an amount determined by the County Engineer to cover the estimated amount of work to be undertaken within the year.
(E) The permits shall expire one year from the date of approval.
(F) An applicant must contact the County Highway Department in order to obtain the proper forms and initiate the permit process.
(G) Prior to submitting any of the materials required by this chapter, the applicant or his or her representative may discuss with the County Highway Department the nature of the improvement being
proposed. At that time, the applicant may be instructed concerning the classification of his or her permit and what regulatory procedures apply to it and must be followed under this chapter in order to secure approval.
(H) Driveway permits have been separated into four types, which are commercial major, commercial minor, commercial sub-minor, and private in order to reference the driveway permit application to appropriate policies, procedures and standards. Each type is defined and discussed in detail as follows:
(1) A commercial major driveway permit is for approaches that connect the county road to private property used for commercial purposes or to a public property, and attract sufficient traffic to warrant an auxiliary lane(s), as determined by the County Engineer. The location for this type can be in either an urban or rural area. It can also be designated as either a Class III or IV driveway approach.
(2) A commercial minor driveway permit is for approaches that connect the county road to private property used for commercial purposes, or to a public property, and do not attract sufficient traffic to warrant an auxiliary lane(s), as determined by the County Engineer. The location for this type can be in either an urban or a rural area. It can also be designated as either a Class III or IV driveway approach.
(3) A commercial sub-minor driveway permit is for approaches that connect the county road to private property used for commercial purposes, and do not attract more than 25 vehicles per day, as determined by the County Engineer. The location of this type can be in either an urban or rural area. It can also be designated as either a Class I or II driveway approach.
(4) A private driveway permit is for approaches that connect the highway to private property having a residence, barn, or private garage, in improved or unimproved condition, used by the owner or occupant of the premises, guests, and necessary service vehicles. The location for this type of driveway can be in either an urban or a rural area. It can also be designated as either a Class I, II, or V driveway approach.
(5) The type of approach is to be shown on the application form by the applicant and approved by the County Engineer. The type of approach will be determined by the definitions provided in subsections (1) through (4) above and by information provided by the applicant from the following:
(a) The results of a traffic impact study; and
(b) Warrants for auxiliary lanes in accordance with the Indiana Department of Transportation (INDOT) Driveway Permit Manual, latest edition.
(I) Other activities within a county right-of-way which require a permit are as follows:
(1) Utility work, which shall include the following:
(a) Utility pull-off drives, which are defined as drives which are installed only for access to a normally unmanned utility appurtenance, such as a vault, where occasional maintenance or observation is required. Any drive installed to serve a utility facility which is open to the public, or which has a full-time staff, shall be considered and permitted as a commercial driveway;
(b) Open cut, push or bore within a right-of-way;
(c) Placement of utility poles; and
(d) Attachment to a county bridge.
(2) A non-utility open cut within a right-of-way;
(3) Non-utility borings or pushes under county roads;
(4) Oversize/overweight vehicles; and
(5) House moving. This does not apply to:
(a) Mobile homes or manufactured housing that have been approved for moving by the state; or
(b) Agricultural buildings weighing less than 10,000.
1. A person shall not move a building or structure that temporarily obstructs or crosses a county road or highway unless the person first files an application for permit and receives an approved permit from the County Highway Department. The application shall include a traffic control plan approved by the County Sheriff or his or her designated representative.
2. Prior to the approval of any request to move a building or structure, the applicant must post with the County Highway Department a surety bond, irrevocable letter of credit or insurance policy payable to the County Board of Commissioners in the amount of no less than $30,000 to indemnify and protect the county from any damage to the roads or highways arising out of the move, or any other liability.
3. The Highway Department shall consider and approve the application unless the County Engineer considers the bond insufficient to adequately indemnify the county for any damages that may arise from moving the building. The County Engineer may then request that an additional surety bond be posted. Additional surety will be required if the move exceeds any bridge load rating. Approval may also be withheld if the route, traffic control or time of the move is found to be unacceptable by the County Engineer or his or her designated representative.
4. An applicant under this shall submit a non-refundable fee of $150 with the applicant’s permit and bond. Check or money order shall be made payable to the “Hancock County Treasurer” and deposited by the County Highway Department With the County Auditor into the Motor Vehicle Highway Fund. This fee may be waived at the discretion of the County Engineer if the applicant is another governmental agency or a charitable organization which benefits the county.
5. The approved permit shall be visibly posted on the structure being moved while it is within the county road right-of-way.
6. Any permit denied by the County Highway Department may be appealed by the applicant to the County Board of Commissioners.
(J) Applicants for any of the above activities shall be required to complete the permit forms and documents and will be subject to plan review and approval by the County Engineer, and the appropriate requirements of this chapter.
(Ord. 1999-6E, passed 6-28-99)