§ 96.16 PRIVATE DRIVE ACCESS STANDARDS.
   (A)   No private drive or other access way shall be made onto any county highway, without a specific permit being first duly obtained from the County Highway Department for that particular drive or access at that particular location.
   (B)   No entrance shall be closer than five feet to the adjacent property line and no approach shall be so constructed that any part of the same extends in front of property belonging to a person other than the permittee, unless both property owners sign a joint application for a permit, except for deacceleration lanes, acceleration lanes, or passing lanes, as required by the County Highway Department.
   (C)   All drainage pipes or tile used in the construction of driveways and approaches shall be a minimum of 12 inches in diameter and as much larger as the Department shall deem necessary for proper drainage, and on all new driveways and approaches shall be furnished by the permittee. All pipe or tile and other drainage structures used shall meet the approval of the County Highway Department as to type, quality, size, and length.
   (D)   All driveways and approaches shall be so constructed that they shall not interfere with drainage of, or cause erosion to the street or highway. If it is proposed to construct any portion of an approach on a slope or grade greater than 15%, the grade or slope shall be designated on the application. If no designation of grade is shown on the application, the approach shall not be constructed on a grade greater than 15%.
   (E)   All disturbed areas shall be fertilized and seeded or sodded to prevent erosion.
   (F)   The construction of such driveways and approaches shall not interfere with any existing structure, utility or any county right-of-way without specific permission in writing from the County Highway Department or other owner thereof.
   (G)   Concrete headwalls or other obstacles will not be permitted.
   (H)   All entrances and approaches shall be so located as to provide adequate sight distance in both directions along the highway for safe access to the highway without interfering with traffic on the highway.
   (I)   No entrance or approach shall be located or constructed so as to interfere with or prevent the proper location of necessary highway signs.
   (J)   The permittee shall assume responsibility for all maintenance of such approaches from the right-of-way line to the edge of the traveled roadway. If the approach or driveway is built of loose aggregate, the aggregate shall be bound with some material so as to prevent loose aggregate from being carried onto the highway pavement, or the permittee shall keep the pavement free of loose aggregate at all times.
   (K)   No such entrance or approach shall be relocated or its dimensions altered without written consent of the County Highway Department.
   (L)   On the day preceding the beginning of work under any permit for approach construction, the permittee shall secure special permission to proceed from the County Highway Department.
   (M)   The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly from the construction of any approach or driveway.
   (N)   The permittee shall remove or relocate any such entrances or approaches when requested to do so by the Department in the interest of safety to highway traffic. For the purpose of road or bridge construction or improvement, said driveway entrances and approaches shall be removed at any time upon the request of the County Highway Department. Permits issued for driveway entrances and approaches may be rescinded at any time by the County Highway Department. Driveway entrances and approaches must be complete within one year after the permit is issued: otherwise, their permit will be canceled.
   (O)   The right-of-way area adjacent to or between the approaches may be graded at the permittee’s expense, subject to drainage requirements as determined by the County Highway Department. The permittee may plant in this area, grass, flowers, or low growing shrubs that never attain sufficient height to obstruct clear vision in any direction or interfere with drainage.
   (P)   All work shall be done in accordance with the approved plans; and the latest issue of the Indiana State Highway Standard Specifications, and shall meet the approval of the County Highway Department.
   (Q)   No driveway or other vehicle access road onto a public highway shall be less than 12 feet in width where it crosses the side ditch and the drainage pipe shall be exposed at least 12 inches at each side of the driveway or access road.
   (R)   Each driveway permit shall specify the type of use permitted on the driveway for which the permit is granted, and no alteration or other type use of such driveway, when constructed, shall be permitted without reapplication and the granting of a new permit for the additional or altered use of the driveway.
(‘82 Code, § 5-83-2) (Ord. - -, passed 11-19-73)