(A) Scope. It shall be unlawful for any person, firm or corporation to cut, dig, trench, excavate, grade, tunnel, bore or in any way disturb any road, street, alley, sidewalk, curb, roadside ditch, right-of-way or other public place for any purpose whatsoever, or to install any pole in any public street right-of-way without first filing with the County Highway Department a written application for a permit, and without first procuring such permit therefore, executing a bond to cover all damages occasioned by such work, and restoring the place where such work has been done in good condition, and in the manner provided by the terms of the section; provided, however that in case of an emergency, cutting and excavation may proceed without delay on condition that within 24 hours after the commencement of such cutting or excavation notice of such work shall be given and a permit shall be applied for from the County Highway Department, all as required under this section; provided further, however, that:
(1) This section shall not apply to excavations made under contract with or by order of the County Board of Commissioners through its proper officials, nor to construction of any private entrances, driveways or approaches connecting with any street in the county street system or the installation or replacement of sidewalks, or for the installation of landscaping.
(2) The provisions of this section pertaining to bonds and fees shall not apply to work being done by any city, town, municipal corporation, or any other county, or by any agency of the state, or by any special taxing or service district established by law, provided that such entities shall provide to the County Highway Department at least 24 hours notice of any such work and shall comply with all other applicable provisions of this section.
(3) The provisions of the section pertaining to permits, bonds and fees shall not apply to the setting and maintaining of utility poles and their appurtenances along county road right-of-way by any public utility whose rates or territories are regulated by the Indiana Utility Regulatory Commission.
(B) Permit application. Any person, firm or corporation desiring to cut, dig, trench, excavate, grade, tunnel, bore or install any pole, or disturb any road, street, alley, sidewalk, curb, roadside ditch, right-of-way or other public place under the jurisdiction or control of the county, shall make application for a permit therefore, which application shall be presented to the County Highway Department for approval at least ten days in advance of beginning the work. Said application shall indicate the estimated time or dates during which the cut, dig, trench, excavation, grade, tunnel, bore or pole installation, is to be made, shall describe the estimated kind and dimension in feet and inches of the proposed work, together with the type of road surface, the nature of the opening to be made and the exact purpose of the proposed work; said application shall specifically describe the road, street, alley, sidewalk, curb, roadside ditch, right-of-way or public place where such work is to be done. The County Board of Commissioners acting through the Superintendent of the County Highway Department, in its discretion, shall have the right to prescribe the method of the proposed cut, dig, trench, excavation, grade, tunnel, bore, pole installation, and the location and the time the proposed work shall be performed. The Highway Superintendent may grant such application or refer it to the Board of Commissioners for action. Said applicant shall agree in connection with each and every written application for each such permit to do at least the following:
(1) Pay the following applicable fees:
(a) Use of right-of-way per one-half mile or less: $25;
(b) Use of right-of-way for more than one-half mile: $25 per each one-half mile;
(c) Gravel road cut: $100; and
(d) Cut of paved road: $200 (includes chip and seal or concrete).
(2) Maintain the road surface, which has been disturbed, in a smooth and uniform condition for a period of one year after traffic is again permitted to pass over such filled trench or maintain the area cut outside the pavement surface but within the right-of-way, to a condition similar to the immediate surrounding area for a period of one year. The maintenance is to meet the approval of the County Highway Department.
(3) Erect and maintain all necessary barricades, detour signs, warning signals and lights by night (in conformance with the Indiana Manual of Uniform Traffic Control Devices - latest edition) required to direct traffic safely over or around the place where such work is being done, so long as the work in any way interferes with traffic. At any location where traffic is limited to one lane, a flagman shall be provided by the permittee.
(4) Take all responsibility for any injury or damage resulting to persons or property because of such work.
(5) Conspicuously display, at the site of such cut, dig, trench or excavation opening, the name and telephone number of the person to whom the permit has been issued, so long as the cut, dig, trench or excavation is open or barricades are in place.
(6) Give notice to the County Highway Department prior to commencing work. If the application is approved, a permit shall be issued by the County Highway Department. Such permit shall state the period of time for which the same is issued, shall be numbered and dated, and shall specifically describe the road, street, alley, sidewalk, curb, roadside ditch, right-of-way or other public place where such work is to be done and describe in detail the work to be done. The County Highway Department shall keep on file all such applications and a record of all permits granted. All permits issued in compliance with the terms of this section shall be made in triplicate, the original of which shall be filed with the County Auditor, a copy shall be retained by the County Highway Department, and a copy given the applicant for said permit.
(7) Permittee shall contact Indiana 811 to locate and mark any underground utilities before digging pursuant to I.C. 8-1-26.
(C) Bond provisions.
(1) Whenever such application is approved that includes a cut in paved road, the applicant shall be required to give a bond to the county, which said bond shall guarantee that the place where said work is to be done shall be restored to a condition (including any underground pipes, drains, conduits or wires) and in the manner provided by the provisions of this section.
(2) Such bond shall be in the sum of $2,000 for each separate cut, dig, trench, excavation, tunnel or bore, which crosses any paved road, street or alley for each excavation within the pavement not to exceed 40 square feet in area.
(3) Such bond shall provide for the surety to guarantee that the principal of said bond shall faithfully perform all the duties imposed upon said principal for each and every cut, trench, excavation, grade, tunnel or bore, or for each and every pole installed in any county right-of-way according to the requirements of this section. Such bond shall remain in full force for a period of three years from the date of the completion of the permittee’s work to assure that no hidden damage to drains or other underground structures occurs. No permit shall be issued until such bond has been filed with and approved by the Superintendent of the County Highway Department. Anything contained in this section to the contrary notwithstanding, however, a cashier’s check or certified check payable to county, in the same sum as designated herein for such bond, or a letter of credit issued by a financial institution approved by the County Board of Commissioners in said same sum as designated herein for such bond, may be filed with such application in lieu of such surety bond; provided further, however, that public utilities whose rates or territories are regulated by the Indiana Utility Regulatory Commission, and municipal utilities may submit an indemnifying agreement acceptable to the County Board of Commissioners providing that the utility shall comply with all the terms and conditions of section, in lieu of such bond, cashier’s check, certified check or letter of credit.
(D) Permit extensions. The holder of any permit issued which grants permission to cut, dig, trench, grade, excavate tunnel or bore, in or under any road, street, alley, sidewalk, curb, roadside ditch, right-of-way or other public place, as provided by this section, shall complete the work and repair the place or places where said work is done within 90 days from the issuance of such permit. The County Highway Department may extend the time for the completion of the work for which the permit was granted.
(E) Excavation specifications.
(1) Permittee shall complete the work so that the place where excavated will conform to the road, street, sidewalk or alley where such excavation was made as originally improved. All of said work shall be done to the acceptance and satisfaction of the County Highway Department.
(2) In cases where any tile drain is cut, crushed or in any other way disturbed so as to render the same in unsatisfactory working order, the permittee shall cause such structure to be repaired or rerouted according to the standards and specifications of the County Highway Department. Permittee shall immediately notify the County Highway Department of any underground structures, drains, pipes, conduits or wires struck during the work.
(Ord. 01-17-06, passed 1-17-2006; Ord. 03-06-2017, passed 3-6-2017) Penalty, see § 92.99