Ordinance ___-___
Adopted on ___________, ___ 2000
Highway Access and Road Cut Ordinance
Purpose
The purpose of this Ordinance is to regulate access to the right-of-way of public roads in Cass County, in order to insure proper traffic flow, provide adequate sight distance when possible, provide adequate roadside drainage and to insure that driveways and culverts are constructed to the standards established herein. In addition to the standards below, all standards of the Cass County Zoning Ordinance shall be met. Access may be denied if any one of the following standards is not met, is deemed hazardous, is contrary to the County Comprehensive Plan, or is not in accordance with any other existing ordinance.
I. Access Standards for Private Driveways and Subdivisions Less Than Four Lots
A. Prior to the start of construction of a private driveway or other access way that is proposed to outlet onto a county road in Cass Count, the owner or an agent of the owner of the property to which the driveway is to provide access shall submit an application for the County Road Access Permit to the Cass County Highway Department. This permit may be waived for agricultural access to farmland if seen fit by the County.
B. The application for a County Road Access Permit shall be accompanied by a general site plan showing the location of the proposed driveway for the purpose of E-911 addressing. This site plan should include the following elements:
· Name and address of the legal owner;
· Name and address of the developer, if other than the legal owner;
· The subdivision name and lot number or a metes and bounds description of the property.
· A site plan drawn to scale showing widths of the driveway, acceleration-deceleration lanes and passing lanes that are being proposed measured from the nearest established property line.
· The location and condition of all on-site and related off-site drainage facilities; culverts, sewers, and ditches
C. The County, a land surveyor, or civil engineer shall size drainage pipes or culverts under the driveway based on the calculated runoff from land acreage upstream from the driveway that flows along the roadside ditch and under the driveway. The minimum size of a driveway pipe or culvert shall be 12 inches in diameter. Drainage pipes and/or culverts may consist of concrete, PVC, or corrugated metal and shall meet rigidity standards established by the Cass County Highway Department. The Cass County Highway Department shall provide the Owner with approximately eight tons of #73 stone for use around the pipe or culvert.
D. Drainage pipes or culverts shall have flared metal end sections to prevent washouts from occurring behind the pipe or culvert. Concrete headwalls or other obstacles extending above the surface of the driveway shall be prohibited.
E. Driveways within the County right-of-way shall have a minimum width of 12 feet. Drainage pipes or culverts in the right-of-way shall extend at least eight inches past the edge of the driveway surface.
F. Driveways entering onto hard surfaced county roads shall be constructed with a surface material similar to that of the County road from the edge of the County right-of-way to the edge of the County road surface. The drive shall be level with or below the County road pavement. Where the County road has a concrete curb or gutter, the driveway shall stop at the back of said gutter or curb. In no instance shall driveway materials block the drainage along the concrete curb. The Cass County Highway Department shall have the right to remove any and all driveway materials that may impede roadside drainage.
G. Maintenance of the driveway area within the County right-of-way shall be the responsibility of the owner of the property to which the driveway provides access.
H. Any damage to the drive, either concrete or otherwise, caused by the County snow plow is the sole responsibility of the property owner. Any damage to a County snow plow caused by a raised driveway will be the responsibility of property owner.
I. Any road right-of-way work performed by either a private or public entity that interferes with an asphalt or concrete drive entrance is between the property owner and the entity – the County will not be involved.
J. All driveways, acceleration-deceleration lanes, and passing lanes shall be constructed that they shall not interfere with any existing structure; utility installation; roadside signage; roadside drainage; or other public improvements.
K. All driveway entrances and approaches shall be so located as to provide adequate sight distance in both directions along the County road in order to provide safe access.
L. Roadside ditches shall be regarded to provide positive drainage along the entire property frontage and to insure that the drainage pipe or culvert under the driveway will not become blocked or clogged with debris. Areas disturbed by driveway construction or swale grading shall be stabilized, fertilized, and properly seeded to prevent erosion.
M. Shrubs, crops, fences, trees, signs, or other structures, other than mailboxes shall not be placed in the County right-of-way. The Cass County Highway Department shall have the authority to remove all such obstacles within the County right-of-way that create a hazard, obscure the vision of motorists, or which obstruct roadside drainage.
N. If permitted by the Cass County Zoning and Subdivision Ordinances, owners of adjacent properties wishing to share a common driveway shall sign a joint application for a Cass County Road Access Permit. A driveway serving two or more residential properties, and not constituting the entrance to a platted subdivision shall have a minimum width of 16 feet.
O. No driveway, acceleration-deceleration lane or passing lanes should be moved, expanded, altered, or excavated without written notice being given to the Cass County Highway Department and a new County Road Access Permit being issued.
P. It shall be unlawful to outlet a sub-surface drain, sump pump drain, water softener drain, or any other drainage structure into the County right-of-way.
Q. The property owner or the property owner’s agent shall notify the Cass County Highway Department at least 72 hours prior to the beginning of the driveway construction. The Highway Department shall have the right to inspect all installations and order changes to be made on the site as needed.
R. The property owner shall assume liability for any injury or damage to the persons or property resulting from construction of the driveway or excavation of the roadside.
S. No driveway, acceleration-deceleration lane or passing lanes should be constructed as to constitute unsafe ingress and egress of traffic.
II. Access Standards for Commercial, Industrial Driveways, and Subdivisions of Four Lots or More
A. All standards in Section I above shall be met except as provided by Section B, C, and D below.
B. The application for a County Road Access Permit shall be accompanied by a certified site plan prepared by a registered land surveyor or civil engineer. The site plan shall contain the required information included in Section I, Part B, AND the following information:
· Size and length of the pipe or bridge culvert being placed in the roadside ditch beneath the driveway and elevation of the bottom of said pipe or culvert;
· Elevation of the driveway surface layer;
· Acreage of the drainage area upstream from the driveway;
· Cross-section of the driveway showing the type and amount of materials to be used in construction; and
· Cross-section of the roadside ditch.
C. Commercial and Industrial driveways located within the County right-of-way shall have minimum of 22 feet and a maximum width of 45 feet. Drainage pipes or culverts shall extend a minimum of 12 inches past the edge of the driveway surface.
D. Acceleration-deceleration and passing lanes shall have a minimum width of 12 feet excluding the taper.
III. Closing, Blocking or Vacating County Roads
A. No County Road in Cass County may be temporarily closed or blocked by an individual, corporation, or public utility prior to obtaining approval from the Cass County Highway Department and/or the County Commissioners.
IV. Fees – Cass County Road Access Permits
Private Drives $ 10.00 ($15.00)
Commercial, Industrial Drives $ 25.00 ($50.00)
Subdivision Entrance $ 50.00 ($100.00)
V. Road Cut Permit - Access Standards for Public Utilities
A. No utility company shall cut, dig, trench, or otherwise interfere with the surface or subsurface of any Cass County road prior to the filing of an application for a County Road Cut Permit form the Cass County Highway Department. The Highway Department shall have the right to designate on the access permit when the roadwork may be started in order to minimize congestion during peak traffic periods.
B. A Cass County Road Cut Permit shall be required prior to trenching, digging or overhead installation of any utility service line or pipe proposed to be placed within the County right-of-way.
C. Areas within the County right-of-way that are disturbed by a utility company or its subcontractor during the installation of equipment shall be returned to their original condition. Vegetation that is removed shall be replaced by sodding the disturbed area or seeding, mulching, and fertilizing the area to prevent erosion.
D. Overhead utilities shall be located on poles at least 25 feet above the roadway surface.
E. All Road Cut Permits shall be signed and approved by the County Commissioners in a public meeting.
VI. Fees – Cass County Road Cut Permit
Road Cut – Gravel Surface $ 25.00
Road Cut – Paved Surface $ 50.00 ($100.00)
Boring Under Road $ 25.00
Trenching, along the roadside, or other $ 25.00
Conducting more than one type of cut for the same project shall result in the combination of fees as designated by the County.
VII. The County retains the right to waive any and all fees.
VIII. Fines
The County Commissioners will set the actual fines, however, the following guidelines apply:
A. Access Permit
In the event that an Owner constructs an access point without the proper permit, the Owner may be fined up to $250.00. Each day may be treated as a separate offense.
B. Road Cut Permit
In the event that an Owner completes a road cut on County right-of-way without the issuance of the proper permit, the Owner may be fined up to $2500.00. Each day may be treated as a separate offense.
IX. All prior ordinances or parts hereof in consistent with any provision of this Ordinance are hereby repealed.
X. This Ordinance hereby passed and adopted at a regular meeting of the Cass County Commissioners of Cass County, Indiana, the _____ day of ____________, 20__.
- I have read and agree to the conditions.
- I have/have not read the ordinance and disagree to the conditions.
