§ 70.19 GENERAL RIGHT-OF-WAY STANDARDS FOR IMPROVEMENTS.
   The following general right-of-way standards, in conjunction with the right-of-way standard drawings, shall be applicable for all improvements in the county highway system rights-of-way.
   (A)   Driveways shall be placed in a location which, in the County Engineer’s opinion, minimizes the opportunity for accidents, taking into consideration the following:
      (1)   Sight distances on the existing county highway, including curves, trees, brush and other obstructions, and topography;
      (2)   The distance to other driveways and intersections;
      (3)   Drainage; and
      (4)   Planned improvements to the county highway or surrounding properties or thoroughfares.
   (B)   Multiple residential drives serving a single parcel must meet minimum separation between drives based on the county highway classification and accepted engineering design standards.
   (C)   A residential drive permit may be issued for a single drive serving more than one property, provided that all property owners served by the driveway have entered into a recorded agreement providing for a mutual easement for ingress and egress, maintenance and repair of the drive, and a covenant provision that the county will never be responsible for the maintenance of the mutual driveway and that the mutual drive will never be considered a public road necessitating maintenance by any unit of government.
   (D)   Improvements, such as public utilities or developer-installed storm sewer pipes requiring a subsurface crossing of a county highway, shall be installed by boring or pushing the utility beneath the county highway. This requirement may be waived and the improvement installed by open cut methods at the discretion of the County Engineer under the following conditions:
      (1)   Where the county highway pavement is scheduled for rehabilitation within the following year; or
      (2)   Where the existing condition of the county highway surface upon restoration of such construction will be preserved or improved and that no long term deterioration will result from the construction;
      (3)   Where disruption to the traffic utilizing the county highway will be minimal.
   (E)   The county promotes and encourages co-location of utilities whenever possible, and as a general rule will not permit multiple pole lines on the same road segment.
   (F)   Traffic will be maintained at all times during construction of improvements unless a county highway closure and detour plan is approved by the County Engineer. The detour will be marked at least one week prior to the closure and maintained by permittee throughout the period of the closure. Permittee shall provide ten days’ prior notification to all appropriate public safety agencies of the time and location of file closure.
   (G)   Permittee shall provide traffic control devices and flaggers as set out in the Indiana Manual on Uniform Traffic Control Devices and as required by the County Engineer to regulate traffic safety if construction affects the flow of traffic or the safety of the public. Such devices shall be provided in paved right-of-way and on other county highways as determined by the County Engineer prior to work in the right-of-way until completion of the work. In general, traffic control devices shall be provided during the times required by the County Engineer where:
      (1)   Pavement is being removed or installed;
      (2)   Temporary pavement or surface patches exist;
      (3)   Construction equipment is conducting construction activities in the right-of-way;
      (4)   Excavations are occurring within the right-of-way or are less than five feet away from the edge of pavement; or
      (5)   The number or width of travel lanes is reduced, the travel lane(s) jog, or travel lane(s) switch.
   (H)   Where open trench construction occurs, temporary patches may be constructed and maintained by the permit holder in a smooth and safe condition acceptable to the County Engineer until a permanent repair is accomplished. Use of temporary patching shall not exceed 30 days, an extension beyond the 30- day requirement may be granted by the County Engineer upon request with justification by the permittee. Open trench construction shall utilize cementitious flowable backfill in accordance with Indiana Department of Transportation Standard Specifications within the right-of-way.
   (I)   All pavement damaged during any activity related to the subject improvement shall be restored to a smooth, permanent surface meeting county standards. Aggregate and chip-and-seal surfaces shall be restored in conformance with county standards.
   (J)   All sod, swales, side ditches, shoulders, culverts, and other improvements within the right-of-way which are disturbed by any work or construction within the right-of-way shall be repaired or replaced in a condition equal to or better than they were prior to the work or construction, as approved by the County Engineer. Materials used in the repair of any disturbed area and the method used to make the repairs shall be approved by the County Engineer and shall generally meet INDOT standards and specifications. Permittee shall be responsible for providing evidence of existing conditions prior to the work in any dispute related to those conditions.
   (K)   Anyone who cuts or damages an underground tile, storm sewer pipe or culvert pipe in the right-of-way, whether it appears abandoned or not, shall notify the County Engineer immediately upon discovery of the damage. The person cutting the tile or pipe shall repair the damaged tile or pipe to the satisfaction of the County Engineer and, if the tile or pipe is a regulated drain, to the satisfaction of the County Surveyor.
   (L)   The permittee shall construct and maintain appropriate erosion control measures during and after construction.
   (M)   Any pipe placed in the roadside ditch shall have a minimum diameter of 15 inches.
(Ord. 2023-11, passed 3-14-2023)