(a) No person shall make, construct, alter or repair any house connection sewer, special house connections sewer, industrial waste sewer connection, industrial waste storm drain connection, storm drain connection or special drainage connection, or any portion of any such sewer or storm drain connections, including sampling manholes, or connect any house sewer, soil pipe or plumbing to any sewer or storm drain connection or to a sewer or storm drain under the jurisdiction of the City without obtaining a written permit from the City Manager.
(b) Persons desiring to obtain a permit for any of the purposes enumerated in this chapter shall file with City a written application on printed forms furnished for that purpose signed by the applicant. The application shall contain such information as the City may require. If it appears from the application that the work to be performed there under is to be done according to the regulations contained or referred to in this chapter governing the execution of such work, a permit shall be issued upon payment of the permit charges required or referred to in this section.
(c) The City before granting any permit, in accordance with the provisions of this chapter, which will necessitate any excavation in, upon or under any State highway in the City, or the making of a connection to a sewer or house connection sewer for which a permit is also required from a County sanitation district or a political subdivision other than the City, shall require such permit to be presented for inspection.
(d) Nothing in this section shall be deemed or construed to require the application for or the issuance of a permit for the purpose of removing stoppages in any house connection sewer, except when it is necessary to replace any part or all of the sewer connection or to excavate in any street or sidewalk or sewer easement in connection therewith.
(e) A permit under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street is contemplated shall be issued only to other departments of the City, other governmental agencies or qualified contractors.
(f) A permit for making sewer connections at the property line may be issued to any responsible person when, in the opinion of the City Engineer, Superintendent of the Waste Water Treatment Plant, or City Manager designee, the granting of the permit shall not endanger public property or jeopardize the public's interests.
(g) The provisions of subsections (a) through (f) hereof shall not be construed to apply to contractors constructing house connection sewers under contracts entered into under proceedings had or taken pursuant to any of the procedure ordinances of the City, the County or the State statutes or other contracts authorized by Council, providing for the construction of house connection sewers.
(h) If the work authorized by a permit issued pursuant to this section is not commenced within ninety days from the date of issuance thereof, then the permit shall be canceled.
(i) Every permit issued pursuant to this chapter shall become void ninety days after the date the permit is issued. In case all work required to be done under the permit is not complete, the City may grant an extension of time not to exceed ninety days when good cause exists therefore, after which extension of time the permit shall be void.
(j) If any person shall fail, refuse or neglect to complete all of the work required to be done pursuant to any permit in the time allowed thereby or within the period of any extension of time, if such extension is granted, then the City shall complete the refilling and resurfacing of the excavation as delineated in Section 905.05 et seq. The costs incurred by the City for completing this work shall be deducted from the deposit in accordance with Section 905.05 et seq.
(k) Before granting any permit pursuant to the provisions of this chapter, except applications filed by a department of the City, the City shall require the payments by the applicant therefor of a fee for each permit issued, which fee shall include the payment for one inspection only. An additional fee shall be charged for each additional inspection required. Fees shall be as delineated in the Plumbing Code.
(l) Where there is no existing wye or opening in the main line sewer, storm drain or catch basin, an additional tapping fee shall be prepaid in accordance with Section 933.05 before any permit shall be issued under this section.
(m) Before any permit is issued pursuant to this section under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated, the applicant shall have a policy of protective liability insurance and either a cash deposit or surety bond on file with the City in accordance with the provisions of subsection (o) hereof.
(n) If special inspection is required by the City in accordance with Sections 933.05 (b) and (f), a deposit to cover the estimated cost of the inspection shall be paid to the City before a permit shall be issued.
(o) Liability insurance:
(1) Required. Except as otherwise provided in this chapter, a permit required by this section, under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street, public place or public easement is contemplated shall not be issued until the applicant has filed with the City a policy of protective liability insurance in which the City has been named as insured or coinsured with the permittee. The policy of insurance shall insure the City and its officers and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the operations of the permittee or any contractor or subcontractor of the permitee, pursuant to the permit.
(3) Coverage. The policy of the insurance shall provide coverage at least as broad as that provided in the standard form approved by the National Bureau of Casualty Underwriters, together with such endorsements as are required to cover the risks involved.
(4) Deposits.
A. Required. Except as otherwise provided in this section, a permit required by this section under which an excavation, tunnel or the laying of sewer or storm drain pipe in any public street or public easement is contemplated, will not be issued until the applicant has deposited with the City a restoration deposit in accordance with Section 905.05. The deposit shall be held to insure the faithful performance of the work and the payment of all charges required.
B. Surety bond in lieu of deposit. Whenever in this section a cash deposit in the amount of five hundred dollars ($500) or over is required, the applicant may provide in lieu of the cash deposit, a good and sufficient bond in the amount equal to the amount of the cash deposit, payable to the City, by and executed by the applicant as the principal and by a reliable surety company satisfactory to the City. The bond shall be conditioned upon the payment of all charges required by Section 933.06 and the faithful and proper performance of work upon the same terms as those required by the cash deposit in lieu of which the bond is executed. The City is empowered to enforce collections under the bond for all sums due for charges hereunder and for any and all damage accruing to the City by reasons of faulty or defective work of the permittee.
(p) The Federal Government, the State, every county, city, municipal corporation, school district established by law, and any political or administrative subdivision of the State or Federal Government shall not be required to make a deposit or to post a policy of protective liability insurance as otherwise required by subsection (o) hereof.
(q) No person having obtained a permit from the City shall construct, alter or repair any house connection sewer or any portion of any house connection sewer, or make a connection to any public sewer or house connection pursuant to any permit, at any place other than that designated thereon. Neither shall the person fail, refuse or neglect to comply with any requirement contained or referred to in this section. At all times, while the work under any such permit is in progress, the original of the permit shall be kept at the place of the work and shall, on demand, be exhibited to the City or to any of its inspectors, agents or representatives or to any police officer.
(r) The construction of all house connection sewers, and all repairs to house connection sewers, shall be as follows:
(1) All pipe shall be vitrified clay, cast iron, polyvinyl chloride (PVC) or other material approved as to grade and quality by the City and have a minimum internal diameter of eight inches.
(2) House connection sewers in easements over private property shall be constructed of only clay pipe with flexible joints, polyvinyl chloride (PVC) or cast iron pipe and may have an internal diameter of four to six inches.
(3) Upon proper application to the City, the City Engineer or City Manager's designee may permit the increase in the internal diameter of house connection sewers to not more than two inches less than the internal diameter of the public sewer to which it is connected, if such increased diameter is in accordance with good engineering practice.
(4) The quality of the pipe, the type of joint and other materials used, the manner of constructing house connection sewers, the backfilling of the trench, except where specifically provided for herein, or by the City Engineer or City Manager's designee, shall be the same as is required by the latest specifications and standard plans for the construction of sanitary sewers in the City.
(s) Whenever, in connection with the construction or repair of a sewer connection, a hazardous excavation shall be made or an excavation is to be made by tunneling under the surface of a street or alley, the City may adopt such regulations and require such special instructions as it may deem necessary. The cost of such special inspection shall be estimated by the City and paid as outlined in subsection (k) hereof and the City Health District Plumbing Code.
(t) All house connection sewers unless otherwise authorized by the City shall be laid on a uniform grade of not less than two percent (2%) with a depth measured to the invert at the property line of not less than four feet below the top of the existing curb, or proposed curb at the nearest point. If there is no existing or proposed curb, then the house connection sewers shall be laid on a uniform grade of not less than two percent (2%) with depth measured to the invert not less than four feet below the surface of the roadway, sidewalk or alley at the property line, unless a greater depth is required to serve such property.
(u) Where a building is on or immediately adjacent to a property line to which a sewer connection shall be constructed, and an existing house sewer from the building ends at the property line at a depth of less than the depth required in this section for the upper end of the house connection sewer to be constructed to such property line or where an earth bank over four feet in height exists adjacent to the curb line or property line; the City shall adopt regulations for the construction of that portion of the house connection sewer between the curb line and property line, if in a street and between the main sewer and the property line, if an alley, walk or other public place improved or to be improved without a curb, which shall meet such conditions better than the method of construction herein prescribed. Where a main sewer exceeds fourteen feet in depth, the manner of constructing a house connection sewer from such a sewer shall be regulated by the City.
(v) Persons making an excavation in any street or sidewalk for any of the purposes mentioned in this chapter shall maintain free access to all fire hydrants and water gates. All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. If any excavation is made across any street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Where required to keep traffic lanes and sidewalk passageways clear, tight board fences shall be used to hold excavated material. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of the curb at the gutter line. Until the excavation is entirely refilled, barriers necessary to prevent accidents shall be maintained about the excavation during the daytime and lights and barriers shall be maintained about the excavation from sunset of each day until sunrise of the next morning. Until the excavation is entirely refilled, a sign or barrier shall be maintained adjacent to the excavation in letters at least three inches high, bearing the name of the person making such excavation.
(w) Any excavation for the purpose of making a house connection to a sewer shall be refilled in the manner required by this chapter within three days after inspection of the pipe by the City, or within three days after the date of the completion of the excavation if no work is done therein. Nothing in this chapter shall be construed to allow a longer period of time therefor. The top surface of backfill shall conform closely enough to the level of the adjoining street or sidewalk surface, and shall be compacted so that it is hard enough and smooth enough, to be safe for pedestrian travel over it as well as for vehicular traffic to pass safely over it at a legal rate of speed. The permittee shall maintain the surface of the backfill in a condition for safe pedestrian and vehicular traffic until the surface has been repaired by the City. The permittee shall be responsible for all accidents which may occur due to pedestrians traveling over or upon the site of the excavation as well as vehicles crossing the site at a legal rate of speed, until the surface has been so repaired. If it is impracticable to maintain the surface of the backfill in safe condition for pedestrian travel or vehicular traffic then the permittee shall maintain barriers and red lights around it until the sidewalk and street pavements have been repaired.
(x) Any street surface adjacent to the sewer repair site excavated or damaged shall be replaced by the City, and the cost thereof shall be recovered by the City in accordance with the provisions of subsection (j) hereof.
(y) In all cases where the public records of a public sewer, or house connection sewer, do not correctly represent the existing conditions of or conditions surrounding the sewer, or where, in the opinion of the City, the physical conditions are such that strict compliance with the provisions of this section is unnecessary or unreasonable, the City is granted the power to make modifications for individual cases, and determine the procedure to be followed, and its decision shall be final.
(z) No person shall connect a four-inch house sewer to a six-inch house connection sewer without installing a six inch by four inch increaser tee on the end of the six inch house connection sewer, or a six inch by four inch increaser followed by a four inch by four inch by four inch tee branch.
(aa) Permit fees shall be exempted under the following conditions:
(1) Waiver of fees for war purposes only. Whenever any officer, agency or instrumentality of the United State, engaged in the performance of duties directly related to the prosecution of the war in which the United States may be engaged, applies to the City for a permit for any of the purposes mentioned in this chapter, the City shall waive the payment of any permit or inspection fees, deposits or special charges otherwise required by this section if the City finds that the proposed installation is designed and intended to be used to serve premises or facilities owned or operated by the federal government and used principally for purposes directly related to the prosecution of the wars.
(2) Effect of grant. The grant of permission to make any installation, extended under this section, shall not be construed to confer any permanent or vested right to the use of the streets or public property of the City, or to maintain, for a period of more than six months after the termination of the war, any installation made hereunder or any connection with a public sewer, except with the consent of Council. Such consent may be withdrawn, or extended, upon such terms as Council may then or at any time thereafter impose. The use, directly or indirectly, of any installation made pursuant to this section by anyone other than the applicant and those persons, firms or corporations which have equitably participated with the federal government in the cost of the sewer construction or installation, as determined by the City from certified copies of existing contracts between the parties and the federal government, shall be subject to such terms and conditions as Council may at any time impose.
(3) Conveyance of title to right-of-way for public sewers. In the event that the federal government and the other parties in interest, as mentioned in subsection (aa) (2) hereof shall offer to convey all their respective right, title and interest to any sewer constructed hereunder, including all necessary rights-of-way for sewer purposes, without cost to the City, and if the City finds that the sewer may properly be used as a public sewer, to the substantial advantage of the City, then the City is authorized to accept the sewer as a public sewer at such time as Council has accepted all necessary easements therefor and the parties in interest shall be entitled to continue to use the sewer facilities without the payment to the City of any permit or other special fees or charges except those required by subsection (q) hereof.
(bb) No permit shall be granted hereunder unless plans and specifications of the proposed installation have been submitted to and approved by the City of Ashtabula.
(cc) All funds received by payment for permits from all persons, corporations, partnerships or other bodies accomplishing a sewer connection tap-in shall be collected by the City Manager or his duly authorized agent and such funds shall be deposited in Account No. 180.103 Sewer Plant (fees), under such rules and regulations as the City Auditor and City Treasurer may deem appropriate according to law.
(Ord. 2016-50. Passed 3-21-2016.)