Work in Right-of-Way

A right-of-way permit is required for all work within the right-of-way. All right-of-way permits must be applied at a minimum of 5 business days before work is expected to start.

In accordance with the Whitestown Code of Ordinances, the Applicant acknowledges and agrees to the following, as evidenced by the signature below.

Any street cut, trench, access pit or other construction activity accomplished under this permit shall be restored per applicable specification(s) as set out in the Whitestown Standard Details and Specifications. Restoration work shall be accomplished within five (5) working days of completion of the principal work activity for which the permit was issued. It shall be the Applicant’s responsibility to temporarily restore and maintain vehicle and/or pedestrian access, and ensure the safety of any street cut, trench, or access pit pending final restoration. Acceptance of temporary and final restorations, and ultimately, release of surety, shall be subject to approval by Whitestown.

1. Restoration methods and materials are set out in the Whitestown Standard Details and Specifications. Flowable fill may be substituted for granular backfill with Town approval.

2. Any sod, plantings, or other landscaping materials or features disturbed as a consequence of work under this permit shall be restored in kind to as good or better condition. Acceptance shall be subject to approval by Whitestown.

3. The Applicant shall be responsible to provide, erect, and maintain any necessary signs, barricades, lights, and/or other warning devices required to safely direct vehicular and pedestrian traffic over, around or through the work site, and to protect vehicles and pedestrians from any work site hazards. In the event a two-way, two-lane roadway is restricted to one lane, traffic control personnel will be required, unless waived in writing by Whitestown. If access is severely restricted, then the applicant shall contact the Whitestown Police and Fire Departments and provide notification of any traffic restrictions.

4. All utilities located within the right-of-way shall be placed underground and/or buried below grade. Any facilities placed within the right-of-way shall be relocated by the utility in the future if/when Whitestown, in its sole discretion, determines that the facilities should be relocated to accommodate Whitestown improvements in the right-of-way, including but not limited to widening, redesign, or other road improvements. The utility shall relocate its facilities as directed by Whitestown within 120 days of Whitestown’s request, at no cost to Whitestown.

5. The Applicant shall assume all responsibilities for any injuries or damages to persons or property resulting directly or indirectly from the work under this permit or use of the right-of-way, and shall indemnity, defend, and hold Whitestown harmless for any such damages, injuries, or claims. Applicant also accepts the right-of-way or real estate AS-IS, WHERE-IS, and Whitestown makes no representations or warranties with respect to the right-of-way or real estate, including but not limited to warranties of habitability, fitness, location, or title. The applicant is responsible for verifying the location of the right-of-way.

6. The Applicant shall notify Whitestown prior to commencement and again upon completion of the work under this permit so that appropriate inspections can be completed to ensure specification compliance.

7. The $5,000 bond posted herewith in compliance with the Whitestown Code of Ordinances shall not be released for a period of three (3) years from the date of completion of the work and shall not be released without written acceptance of improvements and restoration by Whitestown.

Inspection Process

In the interest of promoting orderly development between WMU staff and developers or builders, WMU will try to accommodate the inspection needs of contractors. In order to schedule inspections, whether for a sewer or water service connection or main line installations, developers or their contractors must call the main office for WMU at least 48 hours in advance of the desired inspection. If a pre-construction meeting has not been held with WMU staff on main line water and sewer projects, then no inspections will be scheduled. Inspections requested with less than 48 hours notice will be scheduled at the discretion of the WMU inspector. Exceptions may be allowed
for emergencies where damage to existing underground facilities has occurred, or where public safety is at risk.

For residential or commercial subdivision development, including water main extension, sanitary sewer main collection system extensions, roadway and storm drainage installations, developers or their contractors must contact the WMU office to schedule a pre-construction meeting and arrange for inspections. A project schedule must be provided. The developer/ contractor must highlight any installations which will span days or weeks in order to schedule inspections.

When critical water or wastewater activities occur which could affect specification compliance or the functioning of a completed water or sewer main, then a WMU representative must be on site to observe the installation before it is covered with soil or other backfill materials. WMU is to provide 100% inspection while water and sewer main installation is occurring. Failure to have WMU inspector on-site prior to backfilling water or sewer lines could result in the developer/ contractor being required to excavate and expose completed work to ensure compliance with specifications. In this case, alternative or additional remedies such as televising could also be required.

For street construction, WMU will need to inspect the work at the following stages of construction:

1. Street specifications for public or private streets are the same and must be inspected.
2. Grading activities prior to final street grading and proof roll; curb hub staking must be in place.
3. Proof roll following lime stabilization; if the initial proof roll fails and soft spots cannot be cured by additional lime applications, then undercutting and backfilling with stone may be allowed per Whitestown standards. Geotextile fabric may be required to support stone in some cases or to bridge soft spots where lime stabilization is not feasible.
4. Subsurface drains and all storm, utility conduit, sanitary and water crossings.
5. Curbs & stone base.
6. Second proof roll with stone base completed.
7. Binder asphalt

Prior to the release of performance or maintenance bonds, additional inspections may be required to ensure specification requirements. Any deficiencies must be corrected and asphalt topcoat cannot be laid without expressed Town approval.