The terms used in this chapter shall have the meanings ascribed to them is section 441-101 of the Code.

(G.O. 85, 2008, § 9)

On and after the effective date of General Ordinance 49, 1972, from which this article is derived, all streets and bridges not constructed by the department of public works of the consolidated city shall be accepted by the board of public works into the city street system for maintenance only when the requirements of this article are met; provided, however, the specifications, standards and requirements of this article shall not apply in the following instances:

(1)

All streets and bridges for which construction plans were approved prior to January 1, 1970, by an appropriate predecessor agency to the department of public works, if constructed, shall meet the minimum standards of the metropolitan subdivision control ordinance 58-AO-13, as amended, or Marion County Ordinance 46-1964, so long as the construction is completed and a request for acceptance has been submitted to the department of public works within two (2) years of the effective date of General Ordinance 49, 1972.

(2)

All streets and bridges for which construction plans were approved by the department of public works prior to the effective date of General Ordinance 49, 1972, shall be constructed in accordance with the approved plans, so long as the construction is completed and a request for acceptance has been submitted to the department of public works within two (2) years of the effective date of General Ordinance 49, 1972.

(3)

All streets and bridges for which construction plans are submitted to the department of public works within thirty (30) days of the effective date of General Ordinance 49, 1972, shall be constructed according to such plans as finally approved, so long as the construction is completed and a request for acceptance has been submitted to the department of public works within two (2) years of the effective date of General Ordinance 49, 1972.

(Code 1975, § 28-43; G.O. 15, 2001, § 126)

This article shall apply only to streets and bridges located within the geographic areas of the county which are under the control and jurisdiction of the department of public works of the consolidated city.

(Code 1975, § 28-44; G.O. 15, 2001, § 126)

(a)

Location. At least two (2) street name signs shall be installed on one (1) post at each street intersection to be located on the northeast corner thereof, whenever possible, and on the park strip between the street and sidewalk at a point approximately six (6) inches from the sidewalk.

(b)

Material and installation. Street name signs shall conform with Standard Plan 43-01.

(Code 1975, § 28-45)

(a)

The grade of all parts of all streets, alleys and public ways in the county, and where subject to consolidated city jurisdiction, shall be established by the director of public works, a record thereof to be kept in the department of public works and filed with the county surveyor, and proper monuments, stones or stakes shall be placed to mark the street grade wherever the director deems it to be necessary; all of which shall be done before any improvement of any kind is made therein.

(b)

The grades of the side lines of each unpaved alley in the city at its intersection with a street shall conform to the sidewalk grades of such street, respectively, and from the intersections the contour of the alley shall rise at the rate of approximately six (6) inches in each one hundred (100) feet to meet a summit at its center to facilitate proper drainage. The director of public works is authorized to change such grades and contours, based upon accepted engineering standards, and to conform construction thereto.

(c)

All public improvements serving any abutting land shall be constructed in conformity with the grade elevations established for the improvement.

(Code 1975, § 28-5; G.O. 15, 2001, § 127)

(a)

No person or governmental agency shall construct or reconstruct a street or highway in Marion County without complying with the provisions of this section. For purposes of this section, resurfacing shall not be considered reconstruction.

(b)

Before any contract is bid or executed, engineering plans for such street or highway shall be presented to the county surveyor for determination of the number and location of centerline monuments to be placed in connection with such project. The county surveyor shall make such determination within ten (10) working days after receipt of the plans.

(c)

The person or governmental agency constructing or reconstructing the street or highway shall be responsible for the costs of acquisition and placement of all monuments required by the county surveyor.

(d)

All monuments required by this section shall be placed under the supervision of the county surveyor, who shall verify the placement. The county surveyor shall receive at least three (3) working days' notice of the dates for placement of any monument.

(e)

No person constructing or reconstructing a street or highway in the county shall be entitled to final payment until the county surveyor certifies that all required monuments are placed in accordance with this section; and the department of public works shall not accept any new construction (started after July 1, 1988) until such certification is received from the county surveyor.

(Code 1975, § 28-6; G.O. 15, 2001, § 127)

It shall be unlawful for any person to conceal, cover, deface, obliterate, remove or in any manner injure, erase, disfigure or change the location of any survey monument, stone or stake which has been established and placed in accordance with this chapter or by the director of public works, county surveyor or other public official.

(Code 1975, § 28-7; G.O. 15, 2001, § 127)

Neither the department of public works nor any other affected agency of government shall be obligated to accept any work started prior to approval of plans in accordance with this division and notification of the commencement of work pursuant to this division. Should a request for acceptance of such work be made, the criteria and requirements for acceptance shall be those in force and effect on the date of the request. Any remedial work determined to be necessary for acceptance by the department of public works or any other affected department shall be done at the developer's expense.

(Code 1975, § 28-61; G.O. 15, 2001, § 128)

Upon written application to the director of the department of public works, with supporting reasons and data, a variance from the requirements of this article, based upon good engineering judgment, may be granted by the department of public works. A variance, if granted, shall apply only to the particular streets or bridges between the specified limits named in the application.

(Code 1975, § 28-62; G.O. 15, 2001, § 128)

(a)

All streets as designated and labeled upon a proposed plat, instrument of dedication or construction plan shall be graded, constructed and surfaced in accordance with the satisfactory construction plans and specifications submitted therefor by the developer in accordance with the specifications and requirements established in this article.

(b)

Plans for streets and bridges shall be prepared over the seal and signature of a professional engineer or land surveyor, licensed by the state.

(c)

Plans shall be submitted for review and approval to the various departments that are to assume final maintenance responsibility for the completed work in accordance with the procedures published by that department. In cases of overlapping responsibility, duplicate copies of transmittal letters and plans may be requested by the department of public works.

(Code 1975, § 28-63; G.O. 15, 2001, § 128)

(a)

Work shall not be started on streets or bridges until plans have been approved by all agencies having jurisdiction over the phase of construction. Copies of the various approvals shall be submitted to all agencies involved upon request.

(b)

Written notice of the commencement of construction subject to this article shall be given to all affected agencies in accordance with their procedures sufficiently in advance of the start of construction so that those employees charged with the responsibility of inspection may be properly notified. For the department of public works, written notice shall be given within a minimum of three (3) days in advance of construction; where construction has ceased for ninety (90) days, renotification shall be required.

(Code 1975, § 28-63.1; G.O. 15, 2001, § 128)

(a)

Plans for bridges or structures having clear spans of twenty (20) feet or greater shall be reviewed separately from the street plans. Construction may be separate or combined with the adjacent street at the discretion of the developer.

(b)

In order for the department of public works to review the plans for a bridge crossing a waterway of any size, copies of acceptance of the waterway crossing by the various other governmental agencies having jurisdiction over stream crossings at the time of design shall be submitted along with the plans. These agencies include, but are not limited to, the Indiana Department of Natural Resources, the United States Army Corps of Engineers and the department of public works of the city.

(Code 1975, § 28-64; G.O. 15, 2001, § 128)

(a)

Approved construction plans will be required instead of an access or driveway permit when the construction is to connect a proposed public street to another proposed public street or to an existing public street.

(b)

Driveway permits shall be required for individual or commercial driveways and private streets to be connected to streets which have been, or are proposed to be, accepted by the city.

(Code 1975, § 28-65)

In the event construction of a street or bridge is not initiated within one (1) year and work completed within four (4) years after the approval of construction plans pursuant to this division, then such approval shall expire by operation of law and shall no longer be of any force or effect; provided, however, the director of the department of public works may extend the validity of such approval for an additional period which is reasonable under the circumstances, for good cause shown in writing and upon the resubmission of such plans to the department for re-review, and certain design features may be required to be changed due to changes in design criteria.

(Code 1975, § 28-66; G.O. 168, 1999, § 29; G.O. 15, 2001, § 129)

(a)

Execution of inspection agreement. Prior to the commencement of construction, the developer shall execute an agreement with the department of public works which will provide that:

(1)

The department of public works will employ an inspector to inspect the construction work to insure that such construction meets the requirements of the approved construction plans.

(2)

The developer will reimburse the department of public works for the cost of such inspection services which shall be determined at the time of execution of the agreement.

(3)

Upon completion of construction, the inspector so employed will certify to the department of public works and the developer as to the compliance of such construction with the requirements of the approved construction plans and/or approved change orders.

(4)

No action respecting the acceptance of the construction and release of the improvement bond pursuant to this division shall be taken until the developer has reimbursed the department of public works in full for the inspection services.

(b)

Inspection of construction.

(1)

All construction of streets and bridges shall be inspected and certified pursuant to the agreement executed under subsection (a).

(2)

The developer shall furnish the department of public works necessary copies of the approved construction plans.

(3)

If construction has already commenced on the effective date of General Ordinance 49, 1972, the developer may continue to provide his own construction inspection. The developer must then furnish, with his application for acceptance under this division, a certification by a professional engineer registered in the state that the construction has met the requirements of the approved construction plans; further, the construction will be inspected by the department of public works, and all deficiencies shall be corrected before acceptance by the board of public works.

(Code 1975, § 28-67; G.O. 15, 2001, § 129)

(a)

Acceptance request. Upon completion of construction, the developer or his authorized representative shall make written application for acceptance to the department of public works.

(b)

Acceptance of construction and release of improvement bond. If, by law, the street and bridge construction require approval and bonding by the department of metropolitan development, the following procedure shall be followed, otherwise, the procedure of subsection (2) of section 691-132 shall apply:

(1)

Upon receipt of notice of satisfactory completion from the department of public works, the board of public works shall take appropriate action to accept the streets and bridges and to notify the department of metropolitan development that the performance has been completed to the satisfaction of the board of public works and that claims against any improvement bond by the department of public works and the board of public works are released.

(2)

Prior to acceptance, the board of public works shall determine that a maintenance bond meeting the requirements of the department of metropolitan development has been posted with the department of metropolitan development.

(Code 1975, § 28-68; G.O. 15, 2001, § 129)

(a)

Procedure.

(1)

Not more than six (6) months nor less than four (4) months prior to the expiration date of the maintenance bond, the department of public works shall inspect the streets and bridges covered by such bond.

(2)

If no deficiencies are found to exist, the department of public works shall notify the department of metropolitan development in writing that it has no objection to the release of the maintenance bond. Failure of the department of public works to so notify the department of metropolitan development prior to the expiration date of the bond shall be deemed the release of all claims of the department of public works against such bond.

(3)

If deficiencies are found to exist, the following steps shall be taken:

a.

The department of public works shall notify the department of metropolitan development in writing by hand delivery of the specific deficiencies, requesting that the release of the maintenance bond be withheld until it receives further notice in accordance with paragraph e. of this subsection. It shall be the duty of the department of metropolitan development to withhold the maintenance bond release until so notified. A copy of the notice shall also be transmitted by first-class United States mail to the bonding company by the department of public works.

b.

The department of public works shall notify the developer in writing by first-class United States mail of the specific deficiencies, requesting him to take necessary corrective action, and informing him that the maintenance bond release will be withheld until the deficiencies are corrected.

c.

If the developer has not acknowledged receipt of the deficiency notice and/or has not taken any corrective action within sixty (60) days of the transmittal of the first notice pursuant to paragraph b., the department of public works shall transmit to him by first-class United States mail a second and final notice containing the same information as the first notice.

d.

When the developer has corrected all deficiencies, he shall notify the department of public works in writing, and the department of public works shall make a new inspection within fourteen (14) days. If any deficiencies have not been corrected to the satisfaction of the department of public works, the department of public works shall notify the developer in the same manner as the original notice pursuant to paragraph b. and, if necessary, paragraph c.

e.

In the event the developer does not correct the deficiencies to the satisfaction of the department of public works, the department of public works shall be empowered to have the deficiencies corrected at its expense and to secure reimbursement therefor from the developer and/or the bonding company. Written notice of its intent to pursue this course of action shall be transmitted prior to taking such action to:

1.

The department of metropolitan development by hand delivery; and

2.

The developer and the bonding company by first-class United States mail.

f.

When all deficiencies have been corrected to the satisfaction of the department of public works in accordance with the criteria in effect at the time of design approval, and any financial liabilities of the developer and/or bonding company to the department of public works arising pursuant to paragraph e. have been satisfied, the department of public works shall prepare a written document stating this fact and approving release of its interest in the maintenance bond. Such document shall be transmitted to:

1.

The department of metropolitan development by hand delivery; and

2.

The developer and the bonding company by first-class United States mail.

(b)

Constructive notice. Notice made in accordance with subsection (a) shall be deemed constructive notice upon all affected parties, whether or not they actually receive such notice.

(Code 1975, § 28-69; G.O. 15, 2001, § 129)

Any person affected by the exercise of any discretionary authority delegated by this article to any official of the department of public works and who objects to the decision made or action taken by such official shall be entitled to a hearing before the board of public works upon such objection. The person desiring such hearing before the board of public works shall file a written statement of his objections with the director of public works, who shall call the same to the attention of the board of public works. The board of public works shall hold such hearing within thirty (30) days after the objections are filed with the director; and the person making the objections shall be given notice of the time, place and date of such hearing at least ten (10) days before the hearing. After hearing testimony of the objector and the official who made the decision or to the action objected to, the board of public works may confirm, reverse or modify and confirm as modified the decision or action of such official in any manner consistent with the discretionary authority herein delegated by this article to that official.

(Code 1975, § 28-70; G.O. 15, 2001, § 129)

In the event the streets or bridges to be accepted for maintenance by the department of public works do not, by law, require approval and bonding by the department of metropolitan development, the following provisions of this section shall apply to all matters pertaining to bonding in lieu of the provisions of sections 691-128 through 691-130:

(1)

Posting of improvement bond.

a.

If the right-of-way for the street and/or bridge is to be dedicated and recorded prior to construction, the applicant shall file an improvement bond with the department of public works.

b.

The bond shall:

1.

Run jointly and severally to the city and the department of public works;

2.

Be in an amount equal to one hundred (100) percent of the construction cost as estimated by the department of public works;

3.

Provide surety and principal satisfactory to the department of public works;

4.

Specify that the construction of the street or bridge shall be done in accordance with the applicable terms and conditions of this article, and in accordance with construction plans approved under this article;

5.

Run until and terminate upon:

a.

Acceptance of the street or bridge for the department of public works by action of the board of public works; and

b.

Posting of a maintenance bond in accordance with subsection (3) of this section.

(2)

Acceptance of construction and release of improvement bond. Upon receipt of notice of satisfactory completion of construction from the department of public works and the posting of a maintenance bond in accordance with subsection (3) of this section, the board of public works shall take appropriate action to accept the street or bridge and to release any improvement bond which has been posted with the department of public works.

(3)

Posting of maintenance bond. Prior to acceptance of construction and release of any improvement bond pursuant to subsection (2) of this section, the applicant shall file a maintenance bond with the department of public works. Such bond shall:

a.

Run jointly and severally to the city and the department of public works;

b.

Be in an amount equal to twenty (20) percent of the construction cost as estimated by the department of public works;

c.

Provide a surety and principal satisfactory to the department of public works;

d.

Warrant that workmanship and materials used in the construction of the street or bridge meet the applicable terms and conditions of this article, and comply with the construction plans approved under this division;

e.

Provide that, for a period of three (3) years after the release of the improvement bond pursuant to subsection (2) of this section, the applicant or his approved principal will make necessary repairs to the street or bridge in accordance with the warranty of paragraph d. of this subsection, and shall provide further that the term of three (3) years shall be extended by the surety until a satisfactory release has been effected pursuant to subsection (4) of this section.

(4)

Release of maintenance bond. The maintenance bond release procedure shall follow section 691-130, except that no notices to the department of metropolitan development will be made, and the maintenance bond will be released by the department of public works.

(Code 1975, § 28-71; G.O. 15, 2001, § 129)

The board of public works of Marion County is delegated by the city-county council the authority to and shall adopt, amend or repeal regulations which set out standard Design and Construction requirements for public ways including standard plans. Before adopting, amending or repealing any regulations, the board of public works shall follow the procedures provided in chapter 141 of this Code.

(G.O. 77, 2019, § 1)

(a)

In the event auxiliary lanes, i.e., passing blisters, deceleration lanes, recovery tapers, are required adjacent to a dedicated roadway which has insufficient right-of-way for their construction, the department of public works shall entertain a request from the developer to acquire the necessary additional right-of-way by means of a two-party agreement which will stipulate the developer's cost reimbursement responsibilities. An example of such an agreement is shown in the regulations promulgated by the board of public works under this chapter.

(b)

The developer shall notify the department of public works by letter of his desire to enter into the land acquisition agreement. The department of public works, upon determining that such request is in the public interest, shall prepare the necessary agreement and shall submit it to the developer for his approval and execution.

(Code 1975, § 28-123; G.O. 15, 2001, § 138; G.O. 77, 2019, § 1)