ORDINANCE 2026-012
AN ORDINANCE TO AMEND TITLE 5, CHAPTER 14 OF THE DELAWRE COUNTY CODE
REGULATING ACTIVITIES WITHIN PUBLIC ROADWAYS (ROADWAY USE PERMIT)
WHEREAS, Delaware County, Indiana has over 850 miles of roads (County Highways) that are maintained and regulated by the Board of Commissioners; and
WHEREAS, the County Highways have roads that are paved or gravel section of road as defined in I. C. 8-20-1-15 which are important for maintaining a proper roadway and drainage of same and are within the regulatory control of the Board of Commissioners; and
WHEREAS, pursuant to I. C. 36-1-3-2, Delaware County shall exercise its authority to regulate the use, conduct and construction within the roadways of the County.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DELAWARE COUNTY, INDIANA that:
Pursuant to powers granted to the Board of County Commissioners, no person shall undertake any of the activities referred to in Item III of this ordinance within a public roadway or work which may impact on the road or road surface of any County Highway without first obtaining a "roadway use permit" from the office of the County Engineer.
The following terms shall be defined as follows for the purpose of these subsections.
Performance and/or Maintenance Bond is the posting of required surety to guarantee prompt and satisfactory replacement, repair and maintenance of facilities damaged or disrupted by the permitee’s operations. “Blanket Bonds” may be used subject to the approval of the County Engineer.
County engineer is the County Engineer or any designee.
Department is the Highway Engineering Department of Delaware County, Indiana.
Inspector is the authorized representative of the County Engineer assigned to make detailed inspections of permittees performance.
Permit a form of written authorization to a permit action to be done within the roadway as per outlined specifications.
Person is the term person shall include and be applied to public utilities, associations, clubs, societies, firms, partnership and bodies politic and corporate as well individuals.
Roadway boundaries established by a recorded plat, duly adopted thoroughfare plan or usage for the purpose of providing public transportation or utility services
Roadway shall mean the roads or highways of Delaware County, Indiana and those rights of way that have been previously dedicated to the County for its use.
Road Cut shall mean any work which shall impact the roadbed and/or road surface.