County Commissioner Ordinance-January 2008-14 '
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ORDINANCE NO. 2008 - 1
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF GIBSON COUNTY,
INDIANA ESTABLISHING POLICYAND PROCEDURES REGARDING ROAD CROSSINGS AND
TEMPORARY ROAD CLOSURES
WHEREAS, the Board of County Commissioners of Gibson County, Indiana has
determined it is in the best interests of Gibson County that it have a written policy and
procedure concerning requests for road crossings and temporary road closures and to provide
a penalty for non-compliance;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
GIBSON COUNTY, INDIANA as follows:
All road crossings and temporary road closings in Gibson County, Indiana shall be
initiated by the filing of a verified petition executed by the entity or person
requesting such temporary closing or crossing. Accompanying such petition shall
be a proposed agreement granting the temporary closing or crossing. If the
temporary closing is to be for a mining operation, a letter of intent shall be filed
with the Gibson County Auditor when the mine first contemplates the need to
mine through or cross a County road.
2. The applicant for the road crossing or temporary road closing shall submit copies of
the petition to the County Highway Superintendent and the County Attorney at least
two (2) weeks prior to any public hearing. It shall be the obligation of the applicant
to contact the County Highway Superintendent and the County Attorney at least
one (1) week prior to any public hearing in which such matter is heard, to discuss
revisions to be made, if any.
The applicant shall, at applicanYs cost and expenses, cause an advertisement of the
hearing on such road crossing or road closure to be published at least two (2) times
one week apart in a Princeton newspaper on a form approved by the Gibson
County Commissioners. At least two (2) weeks prior to the public meeting, the
applicant shall also post a notice at each end of the proposed road closure or road
crossing.
4. All agreements on road crossings and temporary road closures shall provide:
A bond, letter of credit, or other suitable security that is approved and
accepted by the Commissioners in the amount of Twenty Five Thousand Dollars
(525,000.00) if the road in question is a gravel road and Three Hundred
Thousand Dollars (S300,000.00) if the road in question is hard surfaced, said
amount to be paid pro-rata per mile; provided, however, the amount required
for a road crossing shall be Twenty Five Thousand Dollars (525,000.00).
b. Contain an indemnity clause.
c. Require the applicant to maintain a comprehensive liability policy covering
Gibson County and the applicant with limits of not less than One Million Doliars
(�1,000,000.00) per incident. At the discretion of the Commissioners, a self-
insurance proposal may be accepted from the applicant.
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d. Provide for the appiicant to pay all costs arising as a result of the agreement
including suits initiated by Gibson County against the applicant to compel
compliance, suits in the form of administrative actions by any governmental
agency and any suit by a third party seeking damages against Gibson County.
e. The applicant shall pay to Gibson County Highway Department Fund 0702
General and Undistributed at the time of the execution of the agreement the
sum of Ten Thousand Dollars (�10,000.00) per mile (pro-rata per mile) and pro-
rata per remainder of calendar year. Thereafter, the applicant shall pay to the
Gibson County Highway DepaRment Fund 0702 General and Undistributed the
sum of Ten Thousand Dollars (510,000.00) per pro-rata mile each year the road
is closed, to be paid the first week of January of each year until said road is
open for use by the public.
The application shall show on the preliminary plans submitted to the County
Highway Superintendent/Engineer any utilities located in the County right-of-
way.
g. Agreements pertaining to road crossings shall include a cross section plan of the
proposed road crossing. All road crossing agreements shali contain a provision
that the applicant shall keep the crossing of the Gibson County road clean and
free of trash, mud, debris, fluids, oils, etc. and must also include a provision to
keep the crossing free of dust. Failure to keep the crossings clean shall lead to
a warning from Gibson County to the company. If the crossing is not cleaned
within twenty-four (24) hours after the warning, Gibson County will have the right
to close the crossing. All requests for road crossings shall contain a description
of all traffic control signs pertaining to such crossing.
h. All requests for temporary road closing shall contain a profile clearly depicting
how such road presently exists. The profile shall also indicate the existing
surface thickness and type.
5. All temporary road closings and crossings of roads will require the holding of a public
hearing to be held at a regular Gibson County Commissioner meeting. A request for
temporary closure of a road or a road crossing will not be granted at the same
meeting in which it is submitted. Road crossings and temporary road closures will be
granted at the discretion of the County Commissioners. It is the intent of the County
Commissioners to act on these matters in an expeditious fashion. At the discretion of
the Gibson County Commissioners any hearing may be continued until the County's
concerns are addressed satisfactorily or the petition is denied.
The applicant shall restore any road temporarily closed and shall provide to the County
Commissioners a plan showing: (a) The approximate grade of the restored road (b) the
width of the restored road; and (c) the proposed drainage of said restored road. The
surface of the restored road shall be either rock or hard surface as agreed upon in the
road closing agreement. If the applicant is the owner of the real estate on both sides of
which the closed road is located, the right-of-way of any new road shall be fifty (50) feet.
In the event the road is to restored as a hard surface road, the road shall be first
constructed as a gravel road and maintained as such for two (2) years prior to the
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application of the hard surface road so that subsidence and compaction can take place
before the restoration as a hard surface road.
The coal company shall prime oil the road two (2) times a year until it is hard-
surfaced.
The bond shall remain in twenty percent (20%) of full force and effect for five (5) years
following the return of the road to the County; i.e. after it has been hard surfaced. No
continuation of bond shall be required for a gravel road.
7. Temporary road closure may be granted for up to five (5) years and extended for
additional two (2) year terms. Such extensions shall be granted provided the applicant
submits the request in writing for the extension three (3) months prior to the
expiration of the present period of closure and the Gibson County Commissioners find
that there is no compelling public interest in the immediate reopening of said road and
there would be significant harm to the applicant, if the requested extension is denied.
8. The applicant shall pay the sum of Fifty Dollars (550.00) per day as liquidated damages
to Gibson County Highway Fund 0702 General and Undistributed 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
reasonabie attorney's fees, court costs and reasonable expenses of litigation brought
by Gibson County to compel compliance with the reopening of County roads.
9. It shall be the general policy of the County that, except for good cause shown and
with the agreement of the Gibson 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 are a minimum number of miles closed at the same time. The 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.
10. The granting of a temporary road closure or crossing by the Gibson County
Commissioners is a privilege and not a right to the 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. Early
coordination will help in avoiding delays at a later date.
11. The minimum standards for re-establishing a road are included in Exhibit A to this
document.
12. The Gibson County Commissioners specifically reserve the right to amend these policies
and procedures and to grant variances from these policies and procedures if the
Commissioners decide it is in the best interest of the County.
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13. Any person, firm, company or other entity who violates the terms of this Ordinance
shall be subject to a penalty imposed by Gibson County in an amount not exceeding
One Hundred Dollars (5100.00) for each day of violation of this Ordinance. In the
event Gibson County is required to take legal action by means of injunctive relief or
otherwise to enforce this Ordinance, and Gibson County should prevail in such legal
action, then the person, firm, company or other entity violating this Ordinance shall be
liable to Gibson County for all Court costs and attorney fees incurred.
14. This Ordinance shall be in full force and effect from and after its publication.
THIS ORDINANCE ADOPTED THIS 15`h day of January, 2008.
ATTEST:
MARY KEY,.6i o Auditor
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BOARD OF COMMISSIONERS OF
GIBSON COUNTY, Indiana
N. SHE R LL MARGINET, Pre ide
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DON L. WHITEHEAD c
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ROBERT D.TOWNSEND ,�` ;
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EXHIBIT A
GIBSON COUNTY ROADS
MINIMUM ACCEPTANCE STANDARDS FOR ROAD REPLACEMENT AFTER TEMPORARY
COUNTY ROAD CLOSURE DUE TO SURFACE MINING OF MINERALS
County road replacement after mining shall meet or exceed Ihe following minimum standards
and dimensions, unless specifically approved in writing by the Commissioners or stated in the
Road Closure Agreement.
t. The roads will be constructed according to Exhibit "B" or "C", depending on the width of the
right of way.
2. The roadway shoulders shall be grass on each side of rock roads and aggregate shoulder on
each side of hard surface roads. See Exhibiis "B" and "C" to this document for typical cross
section of reconstructed roads.
3. Roadway surface material shall be as specified in the road closure agreement.
4. All stonelgravel roads shall have a minimum four inch thick compacted stone roadway
at time of release back to county. A four inch thick lift of compacted # 53 stone base
shall be placed on top of the subsoil/hardpan or fragmented rock sub-base, followed by a layer
of road gravel.
5. Hot asphalt road surfaces shall have a minimum four inch thick layer over compacted six inch #
53 sione base. A prime coai of hot bituminous material shall be applied to finish graded # 53
sub-base before hot asphalt binder is laid. The closed road surfaces will be reconstructed to
rock/gravel on or before the expiration date of the closure agreement. The closed road shall
remain a rock/gravel surface for a minimum period of two (2) years following the expiration
date of the Closure Agreement or an approved term as specific by the agreement. This
minimum two year period is to allow for settlement of the mine spoiled rock.
6. All graded right-of-way areas shall first be covered with top soil and then shall be seeded with
a mixture of seed ihat shall include fescue. Vegetation shall be established on slopes and
grass shoulders before final release back to the county.
7. All ditches over 4% gradient shall have riprap to prevent erosion. Ditches with gradients less
than 4% shall be stabilized with vegetation and/or riprap check dams if needed. Road
ditches running down slopes shall not discharge into field terraces at the time when the road
and its subject ditches are released back to the County.
8. The draining structures (culverts, drop structures & etc.) shall be designed and sized to
handle a ten (10) year six (6) hour storm (3.4 inch of rain in a 6 hour period). Sixteen (16)
inch diameter pipes will be the minimum acceptable size culvert pipe that can be used under
a county road. The minimum lengih of driveway pipe shall be 24 ft. long. All culverts shall
be made from aluminized metal.
9. These Standards will be applicable for Road Closure Agreements executed after adopiion of
this Resolution. These Siandards shall not be retroactively applied to agreements executed
prior to adoption of this Ordinance.
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