Prior to and during construction the applicant, owner and operator shall be responsible for:
(A) Implementing reasonable dust control measures during construction.
(B) Complying with existing septic and well regulation as required by the County Health Department and the Indiana Department of Public Health.
(C) Repairing all damages to county owned or regulated or non-participating landowners' waterways, drainage ditches, field tiles, or any other infrastructures caused by the construction or maintenance of the project. Damages must be completely repaired to original or better condition, and so as not to impede the flow of water. All repairs must be completed in a timely manner and the owner, operator, and/or applicant shall be responsible for loss or damage proximately resulting from its impairment of such drainage structures. All repairs to county regulated drainage structures must be completed within 14 days.
(D) Using concrete armoring techniques at each and every location where county regulated drains and subsurface power transmission lines of any type cross. Unopened bags of premixed concrete shall be laid on top of the transmission lines to cover six inches on both sides of the line and eight feet to each side of the county regulated drain the line is crossing. Open drain and transmission line intersections where the line is below the invert of the open drain shall be armored using the same technique. Red warning tape (printed with "warning electrical line below" or similar language) shall be buried no closer than 12 inches above the actual power line at all crossing locations. The County Surveyor or agent designated by the County Surveyor shall inspect every such crossing before backfilling. Concrete armoring techniques will not be required in cases where directional boring is used.
(E) Installing permanent, visible markers where directional boring is used. Markers shall be placed within the line of sight indicating directional changes and borings.
(F) Submitting a weekly plan of work detailing where construction and transportation activities will occur to the Area Plan Commission staff, County Highway Supervisor, County Sheriff, County Surveyor, Soil and Water Conservation District, the Superintendent(s) of the School District(s) in which construction is occurring and to the emergency services with jurisdiction over the areas in which construction is occurring. This shall include notification of any oversize or overweight loads entering or exiting the project each day as well as any work on roads, drainage, or access roads.
(G) (1) Adhering to the approved transportation plan. The County Highway Superintendent and/or appropriate municipal road personnel shall conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage. The County Highway Superintendent and/or appropriate municipal road personnel may choose to require remediation of road damage during or upon completion of the project and is authorized to collect fees for oversized load permits. If repairs are not made in a timely manner, the County Highway Superintendent and/or appropriate municipal road personnel is authorized to make repairs and charge the applicant a fee to cover the costs of repair.
(2) Such fees shall be established at the start date of construction and may be revised at three-month intervals. Further, a corporate surety bond shall be required by the County Highway Superintendent and/or appropriate municipal road personnel to ensure the county or affected municipality that future repairs are completed to the satisfaction of the county or affected municipality. The bond shall not be released at the conclusion of construction of the project, but it may be reduced to cover any damages or losses from the operation and maintenance of the project. If the applicant or its contractors require material changes from the approved transportation plan or if post completion repairs, improvements, or expansions require oversize and overweight loads or involve new routes, an amended transportation plan must be approved in the same manner as the initial plan. Any violation of the approved transportation plan may be subject to fines as provided in §§ 153.210 et seq. and in addition, may also be subject to fines established by the governing body having jurisdiction over the roadway(s) affected.
(H) Adhering to the approved development plans. Any non-material proposed changes, modifications, or amendments to the development plans must be approved by the Executive Director of the Area Plan Commission and the Executive Director shall thereafter make report of the non-material changes, modifications, or amendments to the Area Plan Commission. All material changes to the approved development plans must be approved by the Area Plan Commission. The Executive Director shall have the authority and discretion, considering all relevant factors, to determine whether the proposed change is material.
(Ord. 20-07, passed 3-4-20)