CHAPTER
20
POLICY
AND PROCEDURES OF THE VIGO COUNTY COMMISSIONERS
FOR ROAD CROSSINGS AND TEMPORARY ROAD CLOSINGS
1 – 20.1
All road crossings and temporary road closings shall be initiated by the filing of a verified petition executed by the entity requesting such temporary closing or crossing. The petition shall include a map of the area of the proposed temporary closing or crossing. Accompanying such petition shall be a proposed order granting the temporary closing or crossing and a proposed agreement.
1 – 20.2
The applicant for the road crossing or temporary road closing shall submit three (3) copies of the petition to the county engineer and the county attorney.
1 – 20.3
Road crossings and temporary road closings shall be granted on an annual basis. Permits shall be issued for a minimum term of twelve (12) months and must be renewed at the end of that tune period.
1 – 20.4
All agreements on road crossings and temporary road closures shall provide:
1 – 20.4-a A bond in the amount Fifty Thousand Dollars ($5O,O00.00) per mile of any part thereof to cover the failure of the applicant to return the road to its original condition after the expiration or termination of the closing or crossing.
1 – 20.4-b Contain an indemnity clause.
1 – 20.4-c Require the applicant to maintain comprehensive liability coverage in a form acceptable to the Vigo County Commissioners coveting Vigo County and the applicant with limits of not less than One Million Dollars ($1,000,000.00) per incident.
1 – 20.4-d Provide for the applicant to pay all costs arising as a result of the agreement including suits initiated by Vigo County against the applicant to compel compliance, suits in the form of administrative actions by an governmental agency and any suit by a third party seeking damages against Vigo County.
1 – 20.4-e In the event of a temporary road closure, the applicant shall purchase for the account of the County, at the time of execution of the agreement and order, road paving materials in the amount of Five Thousand Dollars ($5,000.00) per mile or any part thereof of road closed for each closing per one (1) year or any part thereof.
1 – 20.5
Road crossing will be granted at the discretion of the County Commissioners. The Commissioners may require the holding of a Public Hearing for any temporary closings or crossings of roads. It is the intent of the County Commissioners to act on these matters in an expeditious fashion. The Commissioners may continue any hearing on any temporary road closing or road crossing at the discretion of the County Commissioners until the County's concerns are addressed satisfactorily or they may deny the request.
1 – 20.6
All applications for temporary road closures and road crossings shall show on the preliminary plans submitted to the county engineer any utilities located in the county right-of-way. The application shall indicate what protection will be provided to the utilities located along or in the roadbed.
1 – 20.7
All applicants for road crossings shall include a cross section showing such depicted road crossing. All road crossing agreements shall contain a provision that the applicant shall maintain the roadway and signage to protect the public which shall include, but not be limited to, keeping the portion of the Vigo County highway crossed clean and free of trash, mud, debris, fluids, oils, etc., and keeping the crossing free of dust. All requests for road crossing shall contain a description of all traffic control signs pertaining to such crossing.
1 – 20.8
All requests far temporary road closings shall contain a plan and profile clearly depicting how such road presently exists. The plan and profile shall also indicate the existing surface thickness and type.
1 –20.9
The applicant shall restore any road temporarily closed and shall provide to the County Commissioners a plan showing: the approximate grade of the restored road, the width of the restored road and the proposed drainage of said restored road. The surface of the restored road shall be the same as the road prior to temporary closure.
At least ninety (90) days prior to beginning restoration of the temporarily closed road, the applicant shall advise the County Commissioners of the final plans for restoration. In the event the road is to be restored as a hard surface road, the road shall first be constructed as a gravel road and maintained as such for twenty-four (24) months prior to the construction of a hard surface road so that subsidence and compaction can take place before the restoration as a hard surface road.
The bond shall remain in full force and effect for five (5) years following the return of the road or relinquishment of the crossing to the County.
1 – 20.10
Temporary road closure may be granted only for a maximum one (1) year and extended for additional two (2) year periods. Applications for extension must be submitted at least sixty (60) days prior to the expiration of the present period of closure. The Vigo County Commissioners shall giant the request for temporary closing or crossing a road if they find that there s no compelling public interest in keeping the road open or in the immediate reopening of said road and further there would be significant harm to the applicant.
1 – 20.11
All restored roads shall be returned to Vigo County within one (1) year after restoration and the applicant shall so notify the Vigo County Commissioners in writing that the said road is being reopened. The applicant shall pay the sum of Fifty Dollars ($50.00) per day as liquidated damages to Vigo County for every day the road is not reopened following the one (1) year period after the expiration of the road closure agreement. The applicant shall also be required to pay the County's reasonable attorney fees, court costs, and reasonable expenses of litigation brought by Vigo County to compel compliance with the re-opening of county roads.
1 – 20.12
It shall be the general policy of the County that, except for good cause shown and demonstrated to the satisfaction of the Vigo County Commissioners, no more than two (2) adjacent and parallel roads will be closed at the same time. All entities that have two (2) or more temporary road closures shall arrange their road closure program so that there is a minimum number of miles closed at the same time. The Vigo County Commissioners, in granting or denying a temporary road closure, may consider whether there will be a net loss in road mileage available to the general public and the length of the detour the traveling public will have to make. The effect of these closures on the transportation system in the county will be considered.
1 – 20.13
The granting of a temporary road closure or crossing by the Vigo County
Commissioners is a privilege and not a right to private entities. It is the
responsibility of the applicant to initiate consultations with the County, utility companies, the Department of Natural Resources or other state agencies as required under the circumstances. Early coordination will help in avoiding delays at a later date.
1 – 20.14
The Vigo County Commissioners specifically reserve the right to amend these policies and procedures and to grant variances from these policies and procedures if the Vigo County Commissioners decide it is in the best interest of the County.
ADOPTED AND APPROVED THIS 15th Day of November, 1999.
VIGO COUNTY BOARD OF COMMISSIONERS
Signatory, Paul E. Mason
Paul E. Mason
Signatory, C. Joseph Anderson, Jr.
C. Joseph Anderson, Jr.
Signatory, Bill Bryan
William C. Bryan
ATTEST:
Signatory, Judith A. Anderson