903.01 Permit required; bond required; emergency exception for public utility.
903.02 Permit fee and restoration deposit; utility alternatives.
903.03 Liability for damages; insurance.
903.04 Backfilling.
903.05 Permanent paving surface, replacing.
903.06 Deposit refund.
903.07 Plate covering; barricades and warning lights.
903.08 Permit expiration; time limits for work.
903.99 Penalty.
CROSS REFERENCES
Openings by the Municipality - see Ohio R.C. 723.02
Liability for damage - see Ohio R.C. 723.49 et seq.
Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
(a) No person or firm shall make any excavation, trench, or other opening in the vehicular traveled portion of any street, alley or other public roadway, or tunnel under such roadway from one side to another, or conduct such operations in the utility right of way without first obtaining a permit from the Director of Public Service-Safety. However, any public utility which provides its product or service under the terms of a franchise with the City or pursuant to a rate ordinance contract may, in an emergency constituting potential hazard to life or property, make such excavation at once, and secure a permit as soon thereafter as practicable.
(b) The Contractor shall furnish a performance bond for the faithful performance of their City issued permit, to be executed by a responsible surety company, licensed to provide services in the State of Ohio and to be in the penal sum of one million and 00/100 dollars ($1,000,000.00). Such performance bond shall be furnished annually by the Contractor for the following contract year, and shall indemnify the City of Bucyrus against any loss resulting from any failure of performance by the Contractor. The initial bond shall be posted on or before the date that the Contractor commencing providing construction activity within the City of Bucyrus and a bond shall be posted within thirty (30) days of the anniversary date on which the Contractor commenced provision of construction activity pursuant to the issued permit.
(Ord. 12-2024. Passed 4-2-24.)
(a) The fee for a permit for each street excavation shall be five dollars ($5.00) except in the case of a public utility, in which case the fee will be three dollars ($3.00). The following deposits shall also be made for each such street opening by the applicant to cover the cost of replacing any pavement removed and/or restoring the street, alley or roadway to its original condition:
(1) Two hundred dollars ($200.00) for one-half street width;
(2) Four hundred dollars ($400.00) for entire street width;
(3) One hundred dollars ($100.00) for one-half alley width;
(4) Two hundred dollars ($200.00) for entire alley width.
(Ord. 32-98. Passed 5-20-98.)
(b) In lieu of the cash deposit, any utility company may file with the Service-Safety Director an approved performance bond for two thousand dollars ($2,000) covering any number of applications for street openings, and being conditioned that the utility company shall restore the street, alley or roadway pavement within a reasonable time to its original condition. However any public utility which provides its product or service under the terms of a franchise with the City or pursuant to a rate ordinance contract, may, at its option and in lieu of cash deposit or bond, file with the Service-Safety Director, a written undertaking of the utility signed by its president and secretary obligating the utility to the extent of two thousand dollars ($2,000), and conditioned that such utility shall restore the street, alley or roadway pavement within a reasonable time to its original condition to the satisfaction of the Service-Safety Director.
(Ord. 18-69. Passed 4-15-69.)
The full primary responsibility for any excavation, trench or other street opening shall be that of the permit applicant, who shall at all times keep the same properly guarded and enclosed so that the safety of persons and vehicles using the street, alley or roadway will be assured. This responsibility shall continue until permanent replacement of pavement or the roadway surface to its original status is made, and shall include the defense, settlement and payment of any and all claims, actions and court judgments for damages or injuries to anyone, arising in any way out of the creation or maintenance of the excavation, trench or other street opening by the permit holder.
The applicant shall deposit with the Service-Safety Director evidence of a public liability insurance policy insuring the City against any loss or damage to persons or property resulting from the work being done. (Ord. 2778. Passed 6-16-64.)
All filling of such excavation, trench or other street opening shall be the responsibility of the permit holder until the permanent paving or other road surface over the street opening is completed. All fills shall be of such quality and composition as may be required by the City and shall at all times be kept even with the existing road surface level. In general, the City shall require 5x limestone to be used for backfill material. (Ord. 2778. Passed 6-16-64.)
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