NOTICE OF PUBLIC HEARING
At the regular Town Council meeting held on March 5, 2025, Ordinance 2025-04 “An Ordinance Pertaining to the Standard and Conditions of the Issuance of Town of Churubusco, Indiana Road and Right-of-Way Work Permits and Service Charges” was introduced. Prior to the adoption of Ordinance 2025-04, the Town Council of the Town of Churubusco, Indiana (“Town”) will hold a public hearing on Wednesday April 2, 2025 at 6:00 PM at the Churubusco Town Hall, 215 Home Avenue, Churubusco, Indiana. The purpose of the hearing is to receive comment on the proposed ordinance. All property owners, residents, and others interested shall have an opportunity to be heard during the public hearing. A full copy of the ordinance can be found at www.townofchurubusco.com or at the Churubusco Government Center, 204 N. Line Street, Churubusco, Indiana.
Madalyn Sade-Bartl
Clerk-Treasurer/Council Chief of Staff
Town of Churubusco
ORDINANCE 2025-04
AN ORDINANCE PERTAINING TO THE STANDARD AND CONDITIONS OF THE ISSUANCE OF TOWN OF CHURUBUSCO, INDIANA ROAD AND RIGHT-OF-WAY WORK PERMITS AND SERVICES CHARGES
WHEREAS, the Town Council, on behalf of the Town of Churubusco, Indiana (“Town”) may, pursuant to IC 36-1-3 et seq. enact ordinances for the effective governance of the Town and its departments;
WHEREAS, the Town is responsible for maintaining the roads and rights-of-way within its corporate limits;
WHEREAS, the Town receives requests to install utilities, including but not limited to underground cables, conduits, above ground structures, and associated equipment, in the roads and rights-of-way and this installation requires earth work, including, but not limited to excavating, grading, and boring within the roads and rights-of-way within the Town;
WHEREAS, the ability of the Town to continue to provide access to its public rights-of-way requires implementation of effective and efficient management of its rights-of-way;
WHEREAS, the Town Council may manage the public rights-of-way or require by ordinance, fair and reasonable compensation on a competitively neutral and nondiscriminatory basis for occupation and/or encroachments of a right-of-way;
WHEREAS, the Town is authorized to recover fair and reasonable compensation for its direct, actual, and reasonably incurred costs in managing the public rights-of-way, including, but not limited to the costs of registering occupants, verifying public rights-of-way occupation, inspecting jobsites and restoration projects, restoring work inadequately performed after providing notice and the opportunity to correct work, administering and ensuring adequate restoration of public rights-of-way as near as reasonably possible to the original condition, degradation costs caused by cuts and intrusions in the rights-of-way, obstructions in the rights-of-way when installing or repairing its facilities in the rights-of-way, and management costs associated with the implementation of this Ordinance; and
WHEREAS, in contemplation of the management costs set forth above, the Town Council desires to adopt the following provisions regarding the occupation of public rights-of-way, user fees, and other requirements for the use of the same by those directly benefiting therefrom and reducing the financial burdens upon taxpayers.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA, AS FOLLOWS:
Article I. Definitions
Section 1.01 The following definitions shall apply:
(a) “Applicant” means a person, partnership, limited liability company, corporation, association, Utility, or political subdivision who has submitted required information seeking a Permit.
(b) “Application” means a form available from the Town, as approved by the Town Council, which an Applicant must submit to obtain a Permit.
(c) “Commercial Drive” means any driveway serving a property zoned commercial, serving a business or place otherwise open to the public or providing access to an occupied utility facility.
(d) “Driveway” means any Commercial Drive and/or Residential Driveway.
(e) “Emergency” means a situation where there is an immediate need to perform Work on existing Infrastructure that has been damaged or interrupted and where the failure to perform such Work would reasonably result in imminent danger to life or property or cause environmental change.
(f) “Fees” mean such monetary charges which compensate the Town for services rendered or infrastructure constructed in connection with the Application and/or the Work to be performed.
(g) “Pavement” means any hard surface treatment on a Road such as chip and seal, asphalt, or concrete.
(h) “Permit” means the written authorization issued under the authority of the Town to a Permittee for the purposes of Work.
(i) “Permittee” means the holder of a valid Permit issued in accordance with this Ordinance.
(j) “Plans” mean drawings and documents that support an Application, which shall provide all details necessary for the design, construction, and inspection of the Work for which a Permit is being sought.
(k) “Regulated Drain” means an open drain, a tiled drain, or a combination of the two as defined in IC 36-79-27-2.
(l) “Residential Driveway” means a driveway serving a private property zoned residential and serving one or more single family dwellings.
(m) “Right-of-Way” means the land under the driving surface and beyond the edges of the driving surface that the public has the right to use, and the Town has the right to control.
(n) “Road” means the driving surface, regardless of whether such surface is asphalt, concrete, or gravel.
(o) “Road Standards” means those standards with respect to the construction and materials used in all Roads and Rights-of-Way, as amended from time-to-time.
(p) “Temporary Entrance” means any access entrance off a Road to allow access to any parcel for less than three hundred and sixty-five (365) days.
(q) “Utility” means any privately, municipally, publicly, or cooperatively owned system for supplying communications, power, light, heat, electricity, gas, water, pipeline, sewer, sewer disposal, drain, or like services, directly or indirectly, to the public.
(r) “Work” means any type of occupation, use or construction, reconstruction, removal, repair, maintenance, or similar activity conducted within a Right-of-Way, Driveway, or Temporary Entrance, as applicable.
Article II. General Provisions
Section 2.01 The provisions of this Ordinance shall govern the construction, relocation, alteration, or change in the character or use of improvements to any Right-of-Way owned by the Town and the maintenance of such improvements.
Section 2.02 No Work shall occur within a Right-of-Way unless and until a Permit shall first have been issued.
Section 2.03 All Applications for Permits shall:
(a) Be submitted either electronically or in writing, in accordance with all forms and requirements published by the Town from time to time;
(b) Include all applicable Fees; and
(c) Include Plans.
Section 2.04 For the purposes of this Ordinance, “Improvements” shall include, but are not limited to:
(a) Entrances, Driveways, or drive approaches;
(b) Mailbox approaches
(c) Culvert, tile, or roadside ditch modifications necessitated for other improvements;
(d) Sidewalks, pathways, trails or multi-use paths; and
(e) Public service utility infrastructure;
Section 2.05 Improvements shall not include:
(a) Any Improvement made under contract with or by the order of the Town Council or any other Town department through its proper official(s); and
(b) Surfacing or resurfacing of paved improvement(s), provided that it does not change drainage flows and does not expand the width of the existing improvement(s).
Section 2.06 It shall be unlawful for any person or entity to construct Improvements in a Right-of-Way without first obtaining the applicable Permit. In all instances where it is necessary to install an underground utility line across a paved Road, the Permittee shall bore under the existing pavement.
Section 2.07 The Permittee shall be obligated and responsible to ensure that every aspect and/or condition of the approved Plans upon which the Permit is based is completed as proposed.
Section 2.08 The Permittee shall obtain and comply with any and all approval and other permits that may be required from any and all entities with jurisdiction over the project. Compliance with all permit requirements and coordination of any conflicts between or among permits is the responsibility of the Permittee.
Section 2.09 All Permits shall be valid for a period of six (6) months from the date of issuance, or until the insurance expiration date, whichever is shorter. As long as Work is proceeding, and valid insurance exists, an otherwise valid Permit may be extended in six (6) month increments, without additional Fee, by notifying the Council Chief of Staff in writing. If a Permit expires before a project is complete, a new Permit, with all associated Fees, must be obtained for the remaining Work.
Article III. Authority
Section 3.01 The Town Council hereby delegates to and authorized the Council Chief of Staff to issue Right-of-Way permits in the Town pursuant to this Ordinance. The Council Chief of Staff shall have the authority to approve and issue Permits for all Improvements and/or Work to be performed in accordance with this Ordinance, except for the following Improvements, which shall be approved by the Town Council:
(a) Open-trench Road cuts; or
(b) Other requests as determined by the Council Chief of Staff.
Section 3.02 The Council Chief of Staff shall have the authority to:
(a) Execute Permits;
(b) Perform inspections;
(c) Administer the terms of Permits;
(d) Issue stop work orders for any violations of this Ordinance; and
(e) Approve the completion and acceptability of Work under a Permit.
Section 3.03 The Council Chief of Staff may delegate its authority under this section to other Town employees as advisable to meet the intent of this Ordinance.
Article IV. Fees
Section 4.01 Applicants for a Permit shall make the Fees payable to the Town of Churubusco, Indiana, in the following amounts, as amended from time to time:
(a) Driveway Permit Application – $50.00
(b) Temporary Entrance Permit Application – $250.00 for each location
(c) Right-of-Way Permit Application: a non-refundable $40.00 processing fee shall be submitted with each separate Permit Application. In addition to the following based on the character:
(i) Road excavations
1) Gravel – $250.00 per single cut
2) Pavement – $500.00 per single cut
(ii) Plowing/Knifing in Cable or Pipe – $1.00 per linear foot with a $100.00 minimum fee.
(iii) Directional Boring -$1.00 per linear foot with a $100.00 minimum fee.
(iv) Trenching/Excavating Adjacent to Road – $1.00 per linear foot with a $100.00 minimum fee.
(v) Boring or Pushing under Road – $150.00 per bore, per location.
(vi) Pole Lines – $1,000 per mile, or minimum of $75 per pole.
(vii) Setting individual and below ground structure (other than poles) including pedestals, splicer boxes, junction box, and transformers – $200.00 per structure.
Article V. Driveway Work
Section 5.01 The installation of a new access to any property from a Road requires a Driveway Permit to be submitted for approval prior to Driveway Work being completed. The Driveway Work must meet the following applicable specifications, where practical:
(a) Driveways must be sloped to allow surface water to drain away from the Road;
(b) A culvert pipe may be necessary under the Driveway in the side ditch and must meet specified size requirements;
(c) Side ditches are necessary for the maintenance of the Road, and they must be constructed by the owner to allow unrestricted flow of water in the Right-of-Way;
(d) Landscaping shall not be in the Right-of-Way;
(e) Mailbox installations shall comply with all other Town ordinances, if applicable; and
(f) Driveways should be located at a point of optimum sight distance along the Road. The designer should provide sufficient intersection and stopping sight distance for a driver to perceive potential conflicts and to perform the actions needed to negotiate the intersection safely.
Article VI. Emergency Work
Section 6.01 Emergency Work may be made without a Permit. Subsequent to the Emergency Work and within one working day, the Council Chief of Staff shall be notified. If required, as determined by the Council Chief of Staff in her sole discretion, a formal Permit must be obtained promptly thereafter.
Article VII. Regulated Drains
Section 7.01 If any Work impacts a Regulated Drain, a separate permit must be submitted to the Whitley County Drainage Board. All drains can be accessed on Beacon Whitley County.
Article VIII. Installation of Tile and Filling in Roadside Ditch
Section 8.01 The installation of tile and filling in of a roadside ditch is prohibited. A formal written request may be submitted to the Counsel Chief of Staff for consideration and may be approved under special circumstances. Any roadside ditch that is filled in without written consent shall be excavated and recontoured by the Town at the expense of the property owner.
Article IX. Standards of Performance
Section 9.01 All installations covered by this Ordinance shall be performed in accordance with the standard practices and regulations currently in use and recognized and will be designed and followed to minimize inconvenience and danger to the public at large.
Section 9.02 Whenever an open cut is permitted, the Permittee shall, upon the completion of the installation, backfill the trench with material as specified by the Council Chief of Staff. The road surface shall then be promptly replaced with like materials in a condition that is at least equal to or better than when it was cut. The Permittee warrants that the surface that has been disturbed shall maintain a smooth and uniform condition for a period of 1 year after the Work is completed. In the event such road surface does not maintain such condition for the warranty period, the Permittee shall fix the Road at its sole cost and expense. All installation Work shall be carried on expeditiously and without any unnecessary delay.
Section 9.03 It shall be the duty of the Permittee to erect proper warning signs and/or barricades and to provide flagmen or other appropriate warning devices proportionate to the risks involved through the process of the work in accordance with the Indiana Manual of Uniform Traffic Control Devices, and other applicable law.
Section 9.04 All Permittees shall indemnify and save the Town and/or any of its representatives, officials, agents, employees or subcontractors (“Designees”) harmless from any and all claims and causes of action, which may be asserted or filed against the Town and/or any of its Designees by any person or entity, who have been injured or damaged or claim to have been injured or damaged, on account of any installations made pursuant to this Ordinance (or on account of any Work done in the making of such installation) by the Permittee.
Article X. Insurance
Section 10.01 Except as otherwise provided or consented to by the Town Council, no Permit shall be issued unless and until proof of liability and property damage insurance issued by a reputable and financially sound insurance carrier, insuring the Permittee and the Town (and its Designees) against loss by reason of injuries to, or death of persons, or damages to property arising out of, or related to the Work performed by the Permittee under one or more Permits, has been presented to the Council Chief of Staff. Such insurance coverage shall be in sufficient amounts, as determined by the Council Chief of Staff, from time to time.
Section 10.02 By accepting a Permit, the Permittee agrees that the Permittee shall be responsible for all liability imposed by law for personal injury or property damage arising out of or related to any occupation, use, or Work performed under the Permit.
Article XI. Penalty for Violation
Section 11.01 Any person or entity performing any above or underground occupation of a Right-of-Way without first procuring a Permit, as required under this Ordinance, or in any other way violating any provision of this Ordinance shall commit a class A infraction. Each subsection violated and each day for which the violation remains shall be a separate violation. Additionally, the Permittee, owner, or contractor shall be responsible for the costs of restitution for any damage to any Right-of-Way or Improvement thereon. The applicable fine and restitution cost shall be entered against a person who violates this Ordinance per violation for each day of the violation.
Section 11.02 Whenever any individual or corporate entity fails to obtain a Driveway Permit or Temporary Entrance Permit, a fine of $100 per occurrence shall apply. For failure to obtain a Right-of-Way Permit, a fine of $1,000 shall apply. This fine is due and payable by the permittee upon notification by the Town. Failure to pay the fine within fourteen (14) days of notification will result in the withholding of all future permits to the individual or corporate entity and immediate submittal to the Town attorney for collection. At the discretion of the Town, this fine may be waived for any initial violation of this Ordinance, provided that the violator immediately corrects any and all violations.
Section 11.03 Appeal of the levy of any and all fines may be made to the Town Council. The fine amount due will not be required to be paid until the Town Council has acted upon the appeal.
Section 11.04 In additional to the remedies set out in this Article XI, any contractor, company, or individual who violates any provision of this Ordinance may be ineligible to obtain a permit under this Ordinance unless, or until all fines, damages, judgments, or restitution costs are paid in full by said violator.
Section 11.05 For any violation of this Ordinance or for any fine, fee, or cost of restitution as provided for herein, the Town may file an action for injunctive relief and for the imposition or collection of such fine, fee, or cost of restitution in the Whitley County Circuit or Superior Courts. The person, company, corporation for contractor found to be in violation shall also be ordered to pay the costs of such action including reasonable attorneys’ fees of the Town.
Article XII. Exception for Work by Town
Section 12.01 Any Work sponsored by the Town, or performed by the Town or an agent of the Town, shall be exempt from: (a) the payment of Fees listed in this Ordinance; (b) needing the approval of the Town Council to perform an open-trench Road cut.
Article XIII. Effective Date
Section 13.01 This Ordinance shall be in full force and effect on passage by the Town Council.
[Signature Page Follows]
ALL OF WHICH IS PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, WHITLEY COUNTY, INDIANA, THIS ______ DAY OF _______________, 2025.
TOWN COUNCIL OF THE TOWN OF
CHURUBUSCO
__________________________________
Nathan Van Horn, President
__________________________________
| Devin Keener, Council Member
__________________________________
Mark Pepple, Council Member
ATTEST:
_______________________________
Madalyn Sade-Bartl, Clerk-Treasurer
