Permits for work in the right-of-way shall include the following general conditions as applicable to the permit type and work being done.
(A) The permittee shall request utility locates prior to any excavation in accordance with state law.
(B) A drive is not permitted to cross a limited access rights-of-way or a non-access easement.
(C) The entire expense of constructing driveways, mailbox approaches, utilities, and other private improvements shall be borne by the property owner(s).
(D) No entrance shall be closer than five feet to the adjacent property line or as indicated by any zoning bufferyard requirements.
(E) No approach shall be constructed so that any part of it extends in front of the property belonging to a person other than the permittee.
(F) All driveways and approaches shall be so constructed that they shall not interfere with drainage of, or cause erosion to, the highway.
(G) All water must be directed away from the roadway to side ditches or other swales.
(H) All disturbed areas shall be seeded or sodded immediately upon completion to prevent erosion. This work may be deferred until growing season upon installation of erosion control measures at the County Engineer’s discretion.
(I) The construction of such driveways and approaches shall not interfere with any existing structure or any county highway right-of-way without specific written permission from the County Engineer and any owner of the structure.
(J) Concrete headwalls or any other concrete, brick or other solid structures including mailbox installations will not be permitted in the right of way.
(K) All entrances and approaches shall be constructed with adequate sight distance in both directions along the highway to allow safe access to the highway without interfering with traffic on the highway.
(L) No entrance or approach shall be constructed where it will interfere with or prevent the proper location of highway signs.
(M) If the driveway has a loose aggregate surface, it is the permittee’s responsibility to keep the highway pavement free from the loose aggregate at all times.
(N) Permitted work must be completed within one year after the permit is issued; otherwise the permit will expire and a new permit will be required.
(O) Permittees and property owner(s) shall bear all expenses of keeping approaches, culverts, and drainage in proper and adequate repair.
(P) The permittee may not plant flowers, shrubs, or trees within the right-of-way. Existing plantings in the right-of-way creating a potentially dangerous condition as determined by the County Engineer shall be removed by permittee.
(Q) During construction of any drive, the approach must have sufficient aggregate during construction to prevent damage to the edge of existing pavement.
(R) Permittee will be responsible for costs incurred by the Highway Department to repair the existing road or public improvements if damaged.
(S) The permittee shall provide a drawing (plan sheets if applicable) of the proposed installation (see “Instructions for Completion” for the requirements.)
(T) The utility facilities which are to be retained, installed, adjusted, or relocated on, over, along, or under the highway, within county right-of-way limits, will be located and accommodated in a manner that will not impair use of the highway, its maintenance, or otherwise interfere with its safe operation.
(U) No pole, handhole, riser, or other feature constructed as part of this improvement shall be placed in the flowline of a roadside ditch, nor in any manner that will obstruct drainage.
(V) The permittee hereby agrees to assume liability for making any necessary utility adjustments should future conditions or road improvements necessitate such action when so requested by the Board, including the assumption of cost thereof, except where permittee has a compensable property right, or where reimbursement of such cost is provided for by law.
(W) It is the responsibility of the permittee to determine and show the county right-of-way limits to the best of their ability.
(X) All disturbed areas shall be seeded or sodded by the permittee immediately upon completion to prevent erosion. This work may be deferred until growing season upon installation of erosion control measures at the Highway Engineer’s discretion.
(Y) The permittee further agrees to comply with the rules and regulations of the Board in servicing, maintaining, replacing, and removing the above described facilities, and to obtain a permit before performing any of these functions on such facilities located within the highway right-of-way, through the office of the County Engineer.
(Z) The permittee shall save harmless and indemnify the Board from any claim for damages of any nature whatsoever arising out of the permittee’s negligence in connection with any work done pursuant to the agreement or in connection with the operation of the utility or improvement.
(AA) During the progress of any construction undertaken within the limits of said highway in compliance with this agreement, the permittee shall provide watchmen and flagmen as may be required for safety and convenience of the public. Further, the permittee shall provide all barricades, signs, and traffic control lights reasonably necessary to protect the public. Traffic shall be maintained at all times unless otherwise indicated by special endorsement of the Boards duly authorized representative. Further, any detours of traveled roadways in the county must be approved by the County Engineering Department and the Board which have acknowledged and approved the impact of such detours on the county roadways prior to the implementation of such detour as may be required. All traffic control measures shall be in compliance with the Indiana MUTCD and INDOT Standards.
(BB) All damages to drainage structures, roadbeds, pavements, ditches, and other highway appurtenances arising from the installation, maintenance, or repair of the permittee’s utility facilities shall be repaired at the expense of the permittee. No portion of pavement or highway shall be disturbed without prior permission from the Board. If a road cut is approved, the permittee shall make all necessary repairs according to specifications obtained from the County Engineering Department. Upon completion of any work within the limits of the highway, all disturbed portions shall be replaced as nearly as practicable in as good a condition as they were when the work was begun.
(CC) It is understood and agreed to by the Board and the permittee that all utilities shall comply with the applicable provisions of the “Indiana Department of Transportation Utility Accommodation Policy, June 1, 2019", or latest edition.
(Ord. 2023-11, passed 3-14-2023)