Exemptions; exceptions.

Indianapolis-Marion County Revised Code § 431-804

in effect

Sec. 431-804. - Exemptions; exceptions. (a) Exemptions. The following are exempted from application of the complete streets policy: (1) Construction undertaken by the Indiana Department of Transportation (INDOT) on streets or highways designated as part of the state highway system. However, where possible the department of public works should consistently advocate INDOT to consider complete streets principles and the effect of its projects on all users of city streets or highways, including those city streets or highways that cross or otherwise intersect with a designated state highway. (2) Construction undertaken by a municipality, municipal corporation or other political subdivision in Marion County on streets or highways under its jurisdiction. However, where possible the department of public works should encourage such municipalities, municipal corporations and political subdivisions to consider complete streets principles and the effect of their projects on all users of city streets or highways, including those city streets or highways that cross or otherwise intersect with a street or highway under their jurisdiction. (3) Maintenance performed by the department of public works on streets or highways under the city's jurisdiction which are determined, in writing, by the director of public works as being impracticable or inapplicable. (b) Exceptions. For any activity to which the complete streets policy applies, a request for an exception shall be determined by established departmental criteria and accompanied by supporting documentation and data demonstrating that application of complete street principles is unnecessary, unduly cost prohibitive, inappropriate because it would be contrary to public safety, or other available means or factors indicate an absence of need, including future need. Measures such as average daily counts of traffic, pedestrian or bicycle use of a street or highway alone shall not be justification for an exception to the complete streets policy. If granted, the exception shall be made in writing, and all documentation related thereto shall be publicly available. (c) The following are empowered to grant exceptions to the complete streets policy based on the criteria set forth in subsection (b) above: (1) For a transportation improvement project undertaken by the department of public works for the city, the director of public works may grant an exception. (2) For a transportation improvement project undertaken by any person other than the city, the director of public works may grant an exception. (3) For privately constructed streets and parking lots that are a part of a subdivision plat, the plat committee of the metropolitan development commission may grant an exception. (4) For privately constructed streets and parking lots that are not a part of a subdivision plat, the director of the department of business and neighborhood services may grant an exception. (5) For public utilities undertaking activities to construct, relocate, operate and maintain a public utility facility within the roadway of a street or highway which involves activities falling within the meaning of "construction" as defined in this chapter, the director of the department of business and neighborhood services may grant an exception. (6) For franchisees or any other person authorized to use or occupy the roadway of a street or highway pursuant to a permit, encroachment license, operating agreement, or as otherwise may be established by the Code undertaking activities to construct, relocate, operate and maintain a facility within the roadway of a street or highway which involves activities falling within the meaning of "construction" as defined in this chapter, the director of the department of business and neighborhood services may grant an exception. (d) Reporting on exceptions shall be done in accordance with section 431-807 of the Code. (G.O. 22, 2012, § 1; G.O. 25, 2022, § 5)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIPUORSA_CH431STSIPUWA_ARTVIIICOSTPO_S431-804EXEXFetched: 10/27/2026