(A) Application.
(1) Within the county limits, no one shall cut, jack, bore, place utility lines, place drainage structures, place a driveway or block a county right-of-way without first obtaining a permit from the Highway Department, and posting a bond sufficient to cover the costs of repair. The amount of the bond shall be determined as based upon the extent of the cut, and in no case shall it be less than an amount as set by the Board and/or Council from time to time, for each and every cut, jack, bore, blockade or drive. If the cut in any roadway is planned to exceed or does exceed 25 feet in length, an additional cash deposit as set by the Board and/or Council from time to time, per foot for the amount of footage of the cut in excess of 25 feet shall be made with the County Treasurer for the satisfactory repair of the roadway in accordance with the specifications as outlined in the following divisions of this section.
(2) The form of such permit shall be determined by the Highway Department. Forms shall be available at the Highway Department, Area Plan Office and the Treasurer’s Office.
(3) Applicants for a permit for any work in a right-of-way shall submit:
(a) A sketch or drawing or otherwise clearly communicate the location and design;
(b) Labeled specifications on pipe and backfill per county standards;
(c) The traffic-control plan (if necessary); and
(d) The proposed restoration for the proposed cut in a manner satisfactory to and approved by the Highway Department.
(4) In cases where an entire roadway is requested to be closed between intersections, the applicant shall submit a detour plan for review and approval. The detour plan shall also make allowance for local access to affected properties and give detailed reasons why the applicant is requesting closure of the entire roadway. All signage and traffic-control shall meet INDOT standards.
(5) All the applications shall be submitted to the Highway Department at least seven calendar days prior to beginning construction. Written approval, with or without conditions, or denial, with reasons for said denial, shall be issued by the Highway Department. The applicant is responsible for forwarding a copy of the final permit to the 911 Dispatch Center, the Sheriff’s Department, the local fire department, and the school system.
(6) This application time period need not apply to emergency conditions wherein a public utility must open cut a roadway to repair or replace a failed or ruptured main or service connection, but the utility shall immediately notify the Highway Department, as well as the 911 Dispatch Center, the Sheriff’s Department, the Fire Department and the school system. Within three calendar days after beginning the emergency repair the application shall be submitted along with the other detailed information.
(7) Permits issued shall be valid for a period of no more than 90 days until work commences, and all work shall be performed within an additional 90-day period. If work is not completed within the 180-day time frame, a new permit application must be submitted for review.
(B) No cut roadways.
(1) The following roadways are considered “no cut” roadways, and this section shall apply to the existing utility mains and service lines and any new utility connections. All attempts shall be made to bore or jack under these roadways so as not to impede traffic and/or damage the roadway surface. Open cuts will be allowed in the instance where the existing main is in the roadway and no other method appears available for making a connection other then an open cut, but no work shall proceed without first obtaining the approval and written permission of the Highway Department of the county for such open cut.
(a) Any roadway paved, chip and sealed, or repaved in the last ten years from permit date.
(b) Any arterial or collector roadway in the county.
(2) Applicants for a permit for any construction on these roadways shall submit a sketch or drawing or otherwise clearly communicate the location and design, and the traffic-control plan in a manner satisfactory to and approved by the Highway Department. These roadways shall remain open to traffic, and remain completely open and accessible through the life of the construction project. The permit holder will be allowed to close one lane at a time, provided proper warning devices and flagpersons are utilized and conform to current INDOT specifications. All necessary warning devices and signs shall be utilized by the permit holder. The minimum permit fee bond for these roadways shall be a sum as set by the Board and/or Council from time to time, cash or approved surety bond.
(C) Open cut specification. Said specifications for the repair of cuts are as follows.
(1) Before the hole caused by the cut is to be filled the existing surface shall be cut or sawed to a smooth edge. The open cut shall be backfilled with either stone (Sizes #5 or #53 or cold mix asphalt) and compacted with a suitable mechanical roller or vibratory plate compactor in six-inch lifts, depending upon the area involved.
(2) The stone or cold mix asphalt shall be placed up to the top of the existing surface and shall be kept in place for a period of 30 days after which time such material shall be dug out to a depth of at least eight inches below the top surface of the road grade and in the case of existing asphalt roadways replaced by two layers of full depth asphalt at least six inches in total depth, the top surface of which shall be two inches below the top surface of the roadway grade, two inches of hot asphalt surface mix shall be placed atop the base layers and compacted with a suitable mechanical roller or vibratory plate compactor, depending upon the area involved. In the case of existing concrete roadways, six inches of 4,000 psi reinforced concrete, broom finished, shall be placed.
(3) In cases where a pipe is to be placed in the cut, full depth granular backfill compacted in six-inch minimum layers shall be placed.
(4) All excess materials from the cut shall be loaded and hauled away by the persons, firm, corporation or the agents thereof cutting into the roadway, unless directed otherwise by the Highway Department.
(5) Pipe material under driveways or within eight feet of edge of pavement shall be:
(a) Culverts - aluminized corrugated steel, with 0.064 inch minimum wall thickness or
plastic ADSN-12or similar structurally equivalent pipe;
(b) Pressurized pipe (non-water) - C-900 PVC or equal grade pipe with one-inch magnetic tape placed one foot deep; and
(c) Pressurized pipe (water) - SDR-21 PVC or equal grade pipe with one-inch magnetic tape placed one foot deep.
(6) Embedment of pipe shall be equal to or better than the pipe manufacturer’s recommendation.
(7) All backfill in roadway areas or in areas that will be under or parallel within five feet of pavement or curb for sanitary sewers, storm sewers, force mains or other open cuts shall be made with approved granular material. In all other areas outside of five feet from the edge of pavement the backfill material may consist of suitable on-site material but the pipe must be covered with compacted bedding material to a depth of one foot over the highest point of the pipe.
(D) Driveway conditions.
(1) In the county, no one shall:
(a) Alter a roadway curb by cutting the curb or otherwise demolishing the curb;
(b) Alter or block the county roadway gutter or ditch;
(c) Alter a sidewalk; or
(d) Construct a new driveway for the purpose of driving on and off a roadway, without first obtaining the approval and written permission of the County Highway Department for such driveway.
(2) The following specifications apply to all that portion of the driveway which falls within the right-of-way of the county roadway. Typically a 20-foot minimum right-of-way from centerline of existing pavement exists on all county roads.
(3) All efforts shall be made to locate all driveways off of local roadways, rather than arterial or collector roadways. No driveway shall be placed within 50 feet of an intersecting public roadway. No driveway shall be placed closer than ten feet to another driveway as measured at the right-of-way line. All driveways shall be perpendicular to the roadway they are connecting to from the connection point to the right-of-way line.
(4) All new residential driveways shall meet the roadway with a minimum radius of ten feet. The minimum radius for driveways intended for commercial traffic or high volumes of vehicle traffic shall be 25 feet. The portion of the driveway which falls within the right-of-way of the county roadway shall have a minimum width of ten feet as measured at the right-of-way for residential driveways, or a minimum width of 20 feet as measured at the right-of-way for commercial or high traffic driveways.
(5) If the new driveway is to cross a drainage or roadside ditch, or for any other reason it is deemed necessary that a culvert is required to be placed in the public right-of-way, such culvert shall be no less than 12 inches in diameter and 20 feet in length. Larger diameter and length culverts may be required by the Highway Department, if drainage conditions so warrant. In order to prevent impeding normal drainage, culverts for new driveways are never in any case to be smaller than the closest upstream culvert.
(6) In the construction of the new commercial driveway, the portion of the driveway which falls inside the county roadway right-of-way is to be composed of hard surface material of the same character as the material of the connecting roadway.
(7) County sidewalks are not to be used as driveways, nor are they to be driven upon. Existing county sidewalks are not to be used as portions of the new driveway. In the construction of the new driveway, the existing county sidewalk is not to be covered over or crossed by the new driveway material; but must be removed and the new driveway surface material must be placed flush with the remaining sidewalk surface, or, if not placed flush with the sidewalk surface, then sloping ramps must be placed in the sidewalk on each side of the drive so that there is a smooth continuation from sidewalk to driveway to sidewalk which is ADA approved for the handicapped.
(8) This section shall apply to any widening or reconstruction of any existing drive. This section shall not apply to the surfacing or resurfacing of existing driveways, unless a new commercial business will utilize the driveway. New commercial uses for existing private driveways must comply with the above commercial needs upon the next resurface of the driveway.
(E) Warranty.
(1) The applicant shall be entitled to a return of their cash bond or the release of their surety bond once the county has determined that the work done as contemplated by the permit has been satisfactorily completed and the applicant has complied with all the terms and conditions of this section. If no such determination is made within 90 days of the date the bond is submitted to the county, any cash bond shall be forfeited and paid into the Roadway Fund of the County Commissioners and/or the county shall take appropriate action to collect any surety bond whose proceeds shall be paid into the same fund.
(2) Any person, firm or corporation obtaining a permit to cut into a county roadway thereby warrants the repair of the cut to be made in accordance with the specifications, of this chapter and to be free from defects in material and workmanship for a period of one year after the date the asphalt topping required by this section is placed in the cut.
(Ord. 99-02, passed 1-19-1999)