TITLE TWO: STREETS AND SIDEWALKS
Section
1020.01 Definitions.
1020.02 Permit required.
1020.03 Street openings limited.
1020.04 Commencement of work.
1020.05 Permits nontransferable.
1020.06 Permit expiration.
1020.07 Municipal utility cuts.
1020.08 State and county highways.
1020.09 Rights of municipality.
1020.10 Permit revocation.
1020.11 Duties and responsibilities of applicants.
1020.12 Duties and responsibilities of permittees.
1020.13 Opening and excavation restrictions.
1020.14 Backfilling and restoring openings.
1020.15 Deposit required.
1020.16 Form of deposit.
1020.17 Insufficient deposit.
1020.18 Yearly deposit.
1020.19 Deposit and cost schedules.
1020.20 Decision on costs.
1020.21 Refund of deposit.
1020.22 Maintenance bond requirements.
1020.23 Defaults in performance.
1020.24 Completion of work.
1020.25 Insurance requirements.
1020.26 Notices of improvements.
1020.27 Restrictions upon opening new streets.
1020.28 Penalty for opening new streets.
1020.29 Street list requirements.
1020.30 Abandoned facilities.
1020.31 Street opening permit notices.
1020.99 Penalty.
CROSS REFERENCES
Openings by the municipality - see Ohio R.C. 723.02
Excavation liability - see Ohio R.C. 723.49 et seq.
Abandoned excavations - see GEN. OFF. 660.09
Care and maintenance of streets - see S.U. & P.S. 1022.04
Subdivision design standards for streets - see P. & Z. 1248.04 et seq.
The following words, when used in this chapter, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise. In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
(a) “Applicant” means any person who makes application for a permit.
(b) “Director” means the Service Director or his or her authorized deputy, representative or inspector.
(c) “Emergency” means any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or properties.
(d) “Municipal authority” means any body corporate and politic created pursuant to the laws of the state.
(e) “Municipality” means the Municipality of Columbiana, Ohio.
(f) “Permittee” means any person who has been issued a permit and has agreed to fulfill all the terms of this chapter.
(g) “Person” means and includes any natural person, partnership, firm, association, utility or corporation. Whenever used in any section prescribing and imposing a penalty, the term “person,” as applied to associations, means the partners or members thereof, and as applied to corporations, the officers thereof.
(h) “Public utility company” means any company subject to the jurisdiction of and control by the Ohio Public Utility Commission.
(i) “Street” means and includes a public street, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the municipality.
(1974 Code, § 903.01)
No person shall make any tunnel, opening or excavation of any kind in or under the surface of any street without first securing a permit from the municipality for each separate undertaking. However, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. Such person shall thereafter apply for a permit on the first regular business day on which the office of the Service Director is open for business, and such permit shall be retroactive to the date when the work was begun. In all cases where emergency openings are necessary, the Police Department shall be notified prior to such opening.
(1974 Code, § 903.02)
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