ORDINANCE         5         2007

VIGO COUNTY CODE

CHAPTER          81          

 

AN ORDINANCE TO AMEND ROAD RIGHT-OF-WAY

PERMIT ORDINANCE CHAPTER 81

 

 

                              Purpose.                             

To provide for establishment of requirements and fees pertaining to activities on road right-of-ways with the County of Vigo, Indiana.

 

                              Authority.

The Vigo County Highway Department along with the Vigo County Engineering Department are empowered to establish set requirements and collect fees in accordance with IN Code 8-17-1, IN Code 8-17-3, IN Code 8-17-4.1 and IN Code 8-17-5.

 

                              Right-of-Way Permits.

               The Vigo County Highway Department along with the Vigo County Engineering Department having jurisdiction may require an application for permit for any work (schedules and forms listed below herein) on the County Highways and Right-of-Ways in the County of Vigo, Indiana.

 

 

1.      Contractors and individuals issued a permit by the Vigo County Engineering Department shall be held to specific requirements, which may change when deemed necessary by the Vigo County Engineering Department, designated in the following schedules attached hereto and made a part hereof of Ordinance 5-81:

 

(1)Schedule A - Residential Drive Requirements

(2)Schedule B - Commercial Drive Requirements

(3)Schedule C - Major Subdivision Requirements

(4)Schedule D - Minor Subdivision Requirements

(5)Schedule E - Parcelization Drive Requirements

(5)Schedule F - Existing Drive Pipe Replacement Requirements

(6)Schedule G - Farm Field Entrance Requirements

(7)Schedule H - Temporary Drive Requirements

(8)Schedule I - Oversized/Overweight Moving Requirements

(9)Schedule J - Road Cut and Right-of-Way Work Requirements

(10)Schedule K - Utility Requirements

(11)Schedule L - Install Pole Line Requirements

(12)Schedule M - Closing or Blocking County Highway Requirements

(13)Schedule N - Lane and Shoulder Obstruction Requirements

(14)Schedule O - Unusual Hauling on County Highway Requirements

(15)Schedule P - Mailbox Requirements and Setbacks on Right-of-Way

(16)Schedule Q - Signage in Right-of-Way Requirements

(17)Schedule R - No Truck Route Requirements

(18)Schedule S - Dust Oil Requirements

 

*Driveway upgrades will be required to be permitted and charged at fees set for the purposed final use.

 

2.      Form ENGR 2007-1, attached to Ordinance 5-81 and made a part of this section, hereby is adopted and approved and shall be used for the application by any person seeking a permit pursuant to residential drives, commercial drives, major subdivision, minor subdivision, parcelization drive, existing drive pipe replacement, farm field entrance, temporary drive, unusual hauling, mailbox requirements and setbacks or signage in right-of-way.

3.      Form ENGR 2007-2, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the permit bond by any person seeking a permit pursuant to this section.

4.      Form ENGR 2007-3, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the application by any person seeking a permit pursuant to the transportation of oversized/overweight objects on county roads.

5.      Form ENGR 2007-4, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the application by any person or company seeking a permit pursuant to a cut in the county road right-of-way.

6.      Form ENGR 2007-5, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the application by any person seeking a permit to install a pole line on the Vigo County Right-of-Way.

7.      Form ENGR 2007-6, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the application by any person seeking a permit to close or block any county road.

8.      Form ENGR 2007-7, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the application annually of all companies and/or persons seeking a permit for annual lane obstruction and shoulder work on the county road right-of-way.

9.      Form ENGR 2007-8, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the application annually of all utilities seeking a permit for annual utility maintenance on the county road right-of-way.

10.   Form ENGR 2007-9, attached to Ordinance 5-81, and made a part of this section, hereby is adopted and approved and shall be used for the application of additional dust control.

11.   The forms incorporated in this section are a part of the Vigo County Engineering Department, and are to be used in accordance with all regulations of the Vigo County Highway Department, including those stated in the forms.

 

                              Permit Fees.

               The Vigo County Highway Department along with the Vigo County Engineering Department having jurisdiction is permitted to recover actual costs incurred to provide the management of the County right-of-ways and may charge a permit fee in accordance with the set schedule of fees attached hereto and made a part hereof as Schedule T.  These fees shall be effective as of this 1st day of October, 2007.

 

                              Penalties.

               Whoever violates any provision of this ordinance and is notified in writing, shall be subject to the schedule of fees attached hereto as Schedule T being doubled, until further notice.

 

                              Repealer

               All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

 

                              Severability Clause

               If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

 

 

 

 

 

 

 

 

 

                              Effective Date

               Passed and adopted by the Board of Commissioners of Vigo County, Indiana on this 28th day of August, 2007.

 

 

                                                                           VIGO COUNTY BOARD OF COMMISSIONERS

 

                                                                           ___________________________________________

                                                                           President

 

                                                                           ___________________________________________

                                                                           Secretary

 

____________________________________________                                                                  Member

ATTEST:

 

_______________________________

Auditor