903.03 CASH OR BOND DEPOSIT RATES; PUBLIC UTILITY EXCEPTION.
   (a)   No person shall dig or disturb any portion of a street or alley or public right of way in the City for any purpose, unless permission is obtained from the Director of Public Service through a permit, as per Section 903.01 and Section 903.02, and a deposit is made with the Office of the Director of Public Service of not less than the following amounts for streets or alleys of the stated type of construction:
   (1)   Class "A" Street
 
TYPE OF CONSTRUCTION
MINIMUM DEPOSIT REQUIRED
Concrete
$ 400.00
Concrete & Brick
400.00
Concrete, Brick & Asphalt
400.00
Full-Depth Asphalt (4"+)
400.00
   (2)   Class "B" Street
 
TYPE OF CONSTRUCTION
MINIMUM DEPOSIT REQUIRED
Granular Base & Asphalt
$ 400.00
Granular Base & Chip and Seal
400.00
Other Base & Asphalt   
400.00
Gravel
200.00
   All of the above minimum deposit amounts shall include an opening of not more than a total of 20 square feet. A minimum un-refundable charge of $40.00 will be required for inspections. An additional un-refundable inspection charge of $25.00 per hour may be required on larger jobs as deemed necessary by the Director of Public Service. For larger increments, the following square foot amounts shall be added to the above-stated bonds:
 
Class "A" Street
$ 10.00 per square foot
Class "B" Street
$ 10.00 per square foot
   Deposits shall be predicated upon the assumption that the City may be required to remove debris and make satisfactory repair to the excavation and pavement in order to properly restore the street, alley, or public right of way to at least as good condition as it was prior to the opening. These bonds are also predicated on the fact that the City requires the contractor or the property owner to properly complete all pavement restoration work. However, if the property owner or contractor doing the work should choose not to restore the pavement then the deposit would be utilized by the City to complete the restoration. All deposits shall be held by the City for a period of fourteen (14) months after the completion of the repair work in order to be assured that the final repair work is durable and acceptable. The Director of Public Service shall inspect all work, upon notification by the contractor or owner, to determine that proper repairs have been made according to City specifications.
   (b)   A public utility shall not be required to comply with subsection (a) herein if such public utility in writing:
      (1)   Agrees for each project that the utility will pay for the proper restoration of any pavement area disturbed by its operations and that it will repair the said pavement to City specifications and shall meet the requirements of the Director of Public Service.
      (2)   That each public utility will provide for proper safety barriers and warning lights, as required by the most recent edition of the Ohio Manual of Uniform Traffic Control Devices, and will specifically assume all liability for such excavation within the public right of way.
      (3)   That such public utility provide the Office of the Director of Public Service, on a daily basis, the location and other information, as may be required by the Director of Public Service, for each excavation that it plans to perform within the City at least 72 hours in advance.
      (4)   That such public utility will maintain street plates and temporary pavement repair.
      (5)   City will have the option to charge the utility for items listed above if needed. (Ord. 03-14-2005. Passed 3-15-05.)