FOREWORD
The Defiance County Engineer and Board of County Commissioners are
responsible for maintaining the public highways under its jurisdiction in
accordance with Ohio Revised Code Chapters 5547 and 1723 as is necessary to
preserve the integrity, operating safety and function of the highway
facilities. Since the manner in which
the installation of driveway approaches, ditch enclosures, sanitary and storm
water discharges, utility installations, etc. can materially affect the
appearance and safe operation and maintenance of the highways, it is necessary
that the Engineer be able to reasonably regulate the use and occupancy of the
public highway rights-of-way.
The purpose of this policy is to set forth the conditions under which
property owners, utilities and others may utilize the public highway
rights-of-way under the jurisdiction of the Defiance County Engineer and Board
of Commissioners. It is the intent of
this policy to permit the use of public rights-of-way in such a manner that the
highway investment, safety of the highway user, highway maintenance
requirements, proposed highway improvements and environmental considerations
are preserved. The policy provides
guidelines for permitting uniform practices throughout the County for the
accommodation of residents, utilities and highway users and recognizes the need
for special consideration for unusual or hardship situations.
This policy may be modified by the Defiance County Engineer as
conditions dictate for the safe operation of the county highways.
POLICY
The policy of the
Defiance County Engineer is a “Clear Road Policy”. The policy is employed to increase safety,
improve traffic movement and enhance the appearance of the highways by
designing, constructing and maintaining highway rights-of-way as wide, flat and
rounded as is practical and as free from physical obstructions above the ground
(e.g. trees, drainage structures, massive sign supports, utility poles and
other ground mounted obstructions) as is practical.
SCOPE
AND APPLICATION
To effectively
control the secondary uses of the public highway rights-of-way and administer
this policy, the Defiance County Engineer requires certain permits. The permits issued by the Defiance County
Engineer include:
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Right-of-way
Occupancy Permit
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Sanitary/Storm
Water Discharge Permit (For discharge of water into a drainage ditch)
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Utility
Right-of-way Permit (For new utility installations)
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Special
Hauling Permit (For oversize/overweight loads)
This policy does
not supersede specific permits or agreements previously issued or entered into
for the occupancy of highway rights-of-way, nor does it supersede specific
requirements of other governmental agencies or bodies. For utility use permits, the provisions of
this policy are based on the American Association of State Highway and
Transportation Officials publication, “A Guide for Accommodating Utilities on
Highway Rights-of-Way”. In case of
conflict with that publication, the guidelines set forth in this policy shall
apply.
The construction
and repair of driveways to allow access to residences, farms or businesses that
front on Defiance County or Township maintained highways shall be done only
with the written permission of the Defiance County Engineer. Permission is also required for the paving of
that portion of an existing driveway that lies within the road
right-of-way. Further, any change in use
(e.g. residential to commercial, etc.) must be reported and approved by the
County Engineer’s Office.
Permit application
forms are available at the Defiance County Engineer’s Office, 500 Second St.,
Defiance, Ohio 43512. Application forms must be completed in their
entirety and presented to the Engineer’s Office for review. The owner or developer is required to set a
minimum of two (2) stakes to indicate the edges of the proposed drive for the
inspector. The driveway location should
be located so that it affords the greatest amount of visibility possible for safety
of the user of the driveway and approaching traffic. In cases where an existing drive is to be
paved, a sufficient number of stakes outlining the area to be paved is
required. The stakes must be in place
before the application can be processed.
When an
application has been received and the stakes placed, an inspector from the
County Engineer’s Office will conduct a field check to analyze the conditions
of the drive location. Where driveway
culvert pipes will be necessary to cross an open ditch, the inspector will
determine the diameter and length of pipe needed. The length of pipe will be determined by the
width and depth of the proposed driveway.
The diameter of the pipe will be determined through the use of available
hydrological data. When conditions
warrant the installation of an unusually large structure, the owner or
developer will be required to construct the enclosure using a set of plans
prepared by and stamped by a professional engineer and approved by the County
Engineer. The location of the driveway
will then be approved or a different location my be required, depending on
conditions.
The profile of
driveways must slope away from the existing pavement of the roadway in
accordance with the minimum standards shown on the Defiance County Engineer’s
Driveway Pipe Standards details.
Driveway aprons, that portion of the driveway between the edge of the
pavement and the road right-of-way, may be constructed of asphalt, concrete,
limestone or gravel. Concrete driveway
aprons should be at least two (2) inches lower that the roadway so snowplow
blades can clear the apron without obstruction.
Asphalt aprons must extend to the pavement, but not above it. No curbs or headways that would create
hazards or hamper maintenance operations, such as snow plowing, mowing, etc.
will be allowed to be constructed in the shoulder area.
Property owners
are required to maintain any drive approach to minimum standards. Existing drive pipes that have deteriorated
or have been damaged causing a blockage to the flow of water in the roadside
drainage ditch will be required to be repaired or replaced. When the County Engineer’s Office determines
that an existing pipe must be repaired or replaced, a written notice will be
sent to the owner. The owner will be
given thirty (30) days from the receipt of the notification to complete the
required work. Failure by the owner to
repair or replace a damaged or deteriorated pipe after notice will be cause for
the County Engineer to remove the pipe at the property owner’s expense in
accordance with ORC Section 3767.17. If
a damaged or deteriorated pipe presents a danger, directly or indirectly, to
the traveling public or maintenance crews and equipment, immediate repair or
replacement will be required.
The normal time
limit for construction/installation of a driveway culvert pipe permit approval
process is ninety (90) days from the issuance of the permit to completion. During construction, the pavement must be
kept clear of dirt, stones and other debris.
During progress of the work, barriers shall be erected. If equipment or workers must work from the
roadway, the appropriate traffic control and flaggers shall be required. If, in the opinion of the County Engineer,
any grading work done under this permit interferes with the drainage of the
highway in any way, catch basins and outlets shall be constructed as necessary.
If a permitted
installation is completed contrary to the orders of the County Engineer, the
owner will be served written notice to remove and/or correct the
installation. If after the notice the
owner fails to remove the obstruction, the pipe/driveway will be removed by the
County Engineer at the property owner’s expense in accordance with ORC 3767.17.
The construction and
repair of ditch enclosures parallel to Defiance County or Township maintained
highways shall be done only with the written permission of the Defiance County
Engineer. Application forms are
available at the office of the Defiance County Engineer, 500 Second St.,
Defiance, OH 43512.
Applications must
be completed in their entirety. Once an
application has been received, an inspector from the Defiance County Engineer’s
Office will make a field check to observe the existing conditions at the location. The inspector will determine the condition of
the ditch, whether a pipe is necessary and if so, the diameter, length, and
need of a T-riser and/or catch basin.
The inspector may require a survey to be completed by the Defiance
County Engineer’s Office in the event the ditch needs cleaning or moved back
from the roadway. All materials,
installation, erosion control, seeding and finished grading will be the owner’s
responsibility, unless determined otherwise by the appropriate County official.
T-risers and/or
catch basins should be used at the upstream end of the drive and where needed
to pick up side drainage and/or side drainage tiles running into the enclosure.
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Driveway Permit & Ditch Enclosure Permit
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