ORDINANCE 2026 – 01

Withdrawn Tabled

AN ORDINANCE TO AMEND TITLE 5, CHAPTER 14 OF THE DELAWARE COUNTY CODE REGULATING ACTIVITIES WITHIN PUBLIC RIGHTS OF WAY (RIGHT OF WAY 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 rights of way that exist off the 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 and rights of way of the County.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DELAWARE COUNTY, INDIANA that:

Section 1. There shall be an amendment to Title 5, Chapter 14 of the Delaware County Code as follows:

5-14-1. Regulating Activities Within Public Rights of Way (Right of Way Use Permit).

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 right-of-way or work which may impact on the road or road surface of any County Highway without first obtaining a "right-of-way use permit" from the office of the County Engineer.

5-14-2. Definitions:

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.

County Engineer is the County Engineer or their 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.

Oversize shall mean any commercial vehicle which is transporting or hauling any item which requires an “oversize” permit on any Indiana highway or interstate.

Overweight shall mean any commercial vehicle which is transporting or hauling any item which requires an “overweight” permit on any Indiana highway or interstate.

Maintenance period shall mean the period of time that the contractor shall be required to maintain the work that is performed in the roadway or right of way but shall not exceed two (2) years from the date of completion of the work.

Permit is a form of written authorization to a permit action to be done within the right-of-way 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.

Right-of-way boundaries as are established by a recorded plat, duly adopted thoroughfare plan or usage for the purpose of providing public transportation or utility services or pursuant to I. C. 8-20-1-15 or I. C. 8-20-15-