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(A) Definitions. The following definitions apply only to this subchapter of the Warrick County Ordinance. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY. A situation where there is an immediate need to perform repair work on an existing utility service which has been interrupted or damaged and where the failure to perform such work would result in an immediate danger to life or property.
CONSTRUCTION MATERIALS. Those items commonly used in the construction of roads, buildings, landscaping and the like, including but not limited to stone, gravel, soil, mulch, timbers, brick, block, trusses, lumber, sod and the like.
(B) All persons who desire to perform construction operations or other work within the county's right-of-way shall, prior to start of construction, apply for and receive approval from the Board of Commissioners or its designee. Permit Application forms, supplied by the Board of Commissioners Office or the Highway Engineering Department, and related exhibits shall be submitted to the Highway Department to be reviewed and approved by the appropriate agencies as specified by the County Commissioners.
(C) In the event of an emergency, the repairs of a utility may be undertaken without first receiving a permit. However, in an emergency situation, the entity making the emergency repairs must notify the County Engineering Department as soon as possible. In the event of an emergency during non-work hours, a faxed notification must be made to the Board of Commissioners or County Highway Engineer as soon as possible on a county supplied form. A regular permit must be filed with the Highway Engineering Department within 72 hours of the time the work is begun in an emergency situation. Any work completed as emergency work which does not meet the definition of emergency as set out in this section is a violation of this section; any work completed without a permit when one is required is also a violation of this section.
(D) Any applicant, as required by the County Board of Commissioners, shall provide a permit bond running to "The Board of Commissioners of Warrick County" in an amount designated by the County Commissioners. The bond shall not expire in less than one year. Prior to the release of any permit bond, the County Highway Engineer will require inspections during and at the completion of construction. The bond shall insure that the applicant on the permit will complete all permitted work in accordance with the requirements of this section of the County Ordinance and any other applicable sections of the County Ordinance. In the event a permit bond expires or the bond company cancels the permit bond and all work authorized by any permits already issued using the permit bond have not been completed and the County Board of Commissioners has not released the bond, then the bond shall become immediately due and payable to the County Board of Commissioners. Applicants who desire to do so may post an annual or continuous permit bond for utility work in an amount designated by the County Commissioners. An annual or continuous permit bond may not be used for drive or public road approach permits. In the event an annual or continuous permit bond expires or the bond company cancels the annual or continuous permit bond and all work authorized by any permits already issued using the annual or continuous permit bond has not been completed and the County Board of Commissioners has not released the bond, then the bond shall become immediately due and payable to the County Board of Commissioners. At the discretion of the Highway Engineer, a maintenance bond may be required from an applicant as a condition of approval or as a condition of releasing the permit bond. A utility company having a certificate of authority or franchise issued by the Indiana Utility Regulatory Commission and who has a continuous bond on file with the County Board of Commissioners may use, in lieu of the maintenance bond when approved by the County Board of Commissioners. Permits issued for the cutting of a road may require a three year maintenance bond, which cannot be canceled prior to three years from the completion of the road cut. If the bond company sends notice that the bond is being canceled at any time prior to three years, the total amount of the bond shall become immediately due and payable to the County Board of Commissioners and no additional permits will be issued to the applicant.
(E) The recipient of a permit and/or anyone working within the right-of-way of a county road shall comply with the following terms.
(1) Construction materials shall conform to the requirements of the Standard Specifications of the State Department of Transportation and shall be approved by the County Highway Engineer.
(2) Traffic control devices and flaggers shall be used to regulate traffic safety if construction affects the flow of traffic as set out in the Indiana Manual on Uniform Traffic Control Devices and as required by the County Highway Engineer or the County Board of Commissioners. Traffic will be maintained at all times. If a road closing is approved in accordance with the County's Ordinance, the permit holder will mark and maintain any detours approved by the County Highway Engineer and notify all appropriate agencies of the time and location of the closing a minimum of 48 hours prior to closing and again immediately upon reopening of the roadway.
(3) Utility trench backfill for cuts of the roadway, #53 aggregate, shall be placed and compacted in lifts under the supervision of the County Highway Engineer or, at the discretion of the County Highway Engineer, it shall be tested for density by an independent testing laboratory. Flowable mortar in accordance with the specifications of the County Highway Engineer may be used as an alternate to the #53 aggregate.
(4) Pavement shall be restored to a smooth permanent as required by the County Highway Engineer or County Highway Superintendent. This shall also include any damage done to pavement markings. Temporary patches shall be maintained in a smooth and safe condition by the permit holder until a permanent patching is accomplished. Temporary patching shall not exceed 30 days, except during the period from November 15 through April 15 each year when the materials are not available. During this time period the applicant may leave a temporary patch in place, but a routine inspection shall be made by the applicant to insure the temporary patch is in good condition. An extension beyond the 30-day requirement may be granted at the Highway Department's discretion upon request with a justification by the applicant. Aggregate surfaces shall be restored in kind and shall be stabilized to prevent loose material, which constitutes a safety hazard.
(5) The filling of a curb or gutter line of the drainage system of any road with any material or pipe is strictly prohibited. Any curb modifications shall require a driveway permit.
(6) Tree trimming operations do not require a permit to work in the right-of-way; however, they are bound by all of the requirements of this subsection and are required to obtain a road obstruction permit if they desire to close a road.
(7) All sod, swale, side ditches, shoulders and other improvements within the right-of-way which is disturbed by any work or construction within the right-of-way shall be repaired or replaced in a condition equal to or better than they were prior to the work or construction. Materials used in the repair of any disturbed area and the method used to make the repairs shall be approved by the County Highway Engineer or the County Commissioners. The proof of the condition of these items prior to work shall be the contractors or the individual completing the work responsibility.
(8) Anyone who cuts or damages an underdrain tile, storm sewer pipe or culvert pipe, whether it appears abandoned or not, shall notify the County Highway Department immediately upon cutting the tile or pipe. The person cutting the tile shall be responsible for all damages resulting from this action. The person cutting the tile shall then repair the tile as directed by the Superintendent or County Highway Engineer. If the tile or pipe is a regulated drain, then immediate notification and repair approval shall also be made to the County Surveyor or his designated representative.
(9) Loading or unloading any equipment on a county road which results in an undue or unsafe restriction of traffic or damage to the pavement is not allowed and is a violation of this section.
(10) Crossing or traveling on a county road with a tracked vehicle directly in contact with the pavement surface is a violation of this section. Crossing or traveling along the road will be allowed provided suitable protection (timbers, tires and the like) is provided for the pavement. No damage will be allowed to the pavement, structures, grading, drainage and the like. Failure to use adequate protection or damage to the pavement is a violation of this section.
(11) Dragging or depositing mud or soil onto a county road from any site is not allowed and is a violation of this section. Cleanup of any mud or soil on the road due to accessing a site shall be immediately after the material is deposited. A site having a high volume of vehicles accessing a muddy site shall have a full-time cleanup crew or install cleaning mechanisms in accordance with the plan approved by the County Highway Engineer or County Highway Superintendent.
(12) Allowing erosion of soils from a site onto a county roadway or into a county roadway drainage system is a violation of this section. Anyone excavating on county right-of-way or adjacent to county right-of-way shall protect the county right-of-way from the deposit of eroded materials in accordance with the plan approved by the County Highway Engineer or County Highway Superintendent.
(13) Depositing any construction materials or the cleaning of any equipment directly or indirectly into any county roadway drainage system is not allowed and is a violation of this section.
(14) Installation of sprinkler systems within the right-of-way is not allowed. Any sprinkler systems installed within the right-of-way prior to the date of this subchapter shall be relocated at the owner's expense within seven calendar days when requested by the County Highway Engineer or Superintendent for road improvement purposes or drainage problems.
(15) An individual or agency who has directed work to be done in the right-of-way shall be jointly and separately liable for all actions taken by his contractor or representative.
(16) Failure to stop work for any violation of this section of the code when so directed by an authorized representative of the County Highway Department is a violation of this section.
(17) Failure to provide traffic control, provide a safe work site (safety fencing, shoring, and the like) or comply with the conditions set out in a permit or as directed by an authorized representative of the County Highway Department is a violation of this section.
(18) A permit is not required for surfacing or resurfacing of a driveway provided it does not change any drainage flows and does not expand the width of the existing drive. The maintenance of any drive and its associated culverts will remain the responsibility of the applicant or subsequent property owner and must be maintained by the property owner in a manner which does not interfere with the use of the right-of-way for its dedicated purpose.
(19) Any improvements installed by permit or without a permit within the public right-of-way are done so at the risk of the property owner or entity installing the improvements. Whenever the County Highway Engineer or Superintendent determines a change is required or maintenance is needed in the improvements, the applicant, subsequent property owner or entity who owns the improvements must make the changes upon notification and within a reasonable time limit at the owner's expense.
(20) No improvements can be made by any permit applicant which obstructs or impedes an existing farm field entrance or an existing farm field loading area without permission from the property owner. It is the applicant's responsibility to comply with this requirement.
(F) After the application is approved, the County Highway Engineer shall issue a permit. Once work begins, the permit or a photocopy of the permit must be on site for inspection. The County Highway Department shall be notified at least 24 hours in advance of construction and when construction is complete in accordance with the procedures of the County Highway Department. An approved permit will expire one year from the date of application or 60 days prior to the expiration of the permit bond covering the work being applied for, whichever comes first.
(BC Ord. 1998-4, passed 5-11-98; Am. BC Ord. 1999-37, passed 10-25-99) Penalty, see § 92.99