903.01 Definitions
903.02 Permit required.
903.03 Work limitations.
903.04 Time for commencement of work.
903.05 Transferability of permits; work site.
903.06 Expiration of permits.
903.07 Municipal utilities and contractors.
903.08 Alternate restoration procedure.
903.09 Permit limitations; rights of City.
903.10 Revocation of permits; notice; remedy of City.
903.11 Duties and responsibilities of applicants.
903.12 Duties and responsibilities of permittees; fees and charges.
903.13 Excavating procedure and conditions.
903.14 Backfilling and restoration.
903.15 Amount of deposit; uses.
903.16 Form of deposit.
903.17 Insufficient deposit; remedy by City.
903.18 Annual deposit.
903.19 Deposit and cost schedules.
903.20 Decision on costs.
903.21 Refund of deposit.
903.22 Maintenance bond requirements; alternate provisions where City does not restore street opening.
903.23 Default in performance; notice.
903.24 Responsibility of surety.
903.25 Insurance requirements.
903.26 Notices of improvements.
903.27 Time limitation on excavations.
903.28 Map requirements.
903.29 Abandoned facilities.
903.30 Notices to property owners and tenants; permit fees.
903.31 Notices to police and fire authorities.
903.99 Penalty.
CROSS REFERENCES
Openings by the Municipality - see Ohio R. C . 723.02
Surface treatment -see Ohio R. C. 723.23, 723.31
Excavation liability -see Ohio R. C. 723.49 et seq.
Changing established grade -see Ohio R. C. 727.07
Digging, excavating and piling earth on streets -see Ohio R.C. 5589.10
Closing streets during repair -see TRAF. 311.04
Barricades and warning lights -see GEN. OFF. 521.03
Street and sidewalk areas generally -see S.U. & P. S. Ch. 901
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:
(a) "Applicant" means any person who makes application for a permit.
(b) "City" means the City of Eaton, Ohio.
(c) "Director" means the Director of Service or his authorized deputy, representative or inspector.
(d) "Emergency" means any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger to persons or property.
(e) "Permittee" means any person who has been issued a permit and has agreed to fulfill all the terms of this chapter.
(f) "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.
(g) "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 City.
(h) In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
No person shall make any opening in, cut into, break, bore, tunnel under or otherwise disturb any street, alley, sidewalk, curb, gutter or public right of way of the City without first obtaining a permit therefor 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 that the work be done immediately and when the permit cannot reasonably and practically be obtained beforehand, provided that a diligent effort has been made to contact the Director of Service or his or her representative. The person shall thereafter apply for a permit on the first regular working day of the Director and such a permit shall be retroactive to the date when the work began.
(Ord. 87-7. Passed 4-20-87.)
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount or quantity greater than that specified in the permit, except that upon the approval of the Director additional work may be done under the provisions of the permit in any amount not greater than ten percent of the amount specified in the permit. Any deposit and bond posted in connection with the original permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
(Ord. 87-7. Passed 4-20-87.)
Work for which a permit has been issued shall commence within ten days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed only upon the payment of an additional permit fee in a like amount as that originally required.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
Every permit shall expire at the end of the period of time set out in the permit. If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the Director a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the Director, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work. (Ord. 87-7. Passed 4-20-87.)
All street openings required by utilities owned and/or operated by the City shall be made and restored under the direction and supervision of the Director. The permit, fee, deposit, insurance and bond requirements of this chapter shall not be applicable to any openings made by such municipally owned and/or operated utilities. As to excavators under contract with the City, whose excavations are made incident to such contracts, such requirements shall not be applicable unless otherwise stipulated in the contract.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
At the time of the issuance of the permit, the Director shall specify whether the City or the permittee shall have the responsibility for restoring the street damaged by the opening work. This decision shall determine the duties and responsibilities of the permittee as provided further in this chapter.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
Any permit may be revoked by the Director, after notice to the permittee, for:
(a) Violation of any condition of the permit or of any provision of this chapter;
(b) Violation of any provision of any other applicable ordinance or law relating to the work;
(c) Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. A permittee may be granted a period of four hours, from the time of the notice, to correct the violation, to the satisfaction of the Director, and to proceed with the diligent prosecution of the work authorized by the permit, before such permit is revoked.
Written notice of any such violation or condition shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement of the grounds relied upon for revoking the permit.
When any permit has been revoked and the work authorized by the permit has not been completed, the Director shall do such work as is necessary to restore the street or part thereof to as good a condition as it was before the opening was made. All expenses incurred by the City shall be recovered from the deposit or bond the permittee has made or filed with the City.
(Ord. 87-7. Passed 4-20-87.)
It shall be the duty and responsibility of any applicant to:
(a) Make a written application for a permit with the Director on such form as he shall prescribe. No work shall commence until the Director has approved the application and plan and issued a permit and until the permittee has paid and provided all fees, deposits, certificates and bonds required by this chapter.
(b) Furnish in duplicate a plan showing the work to be performed under the permit. If approved by the Director, one copy of such plan shall be returned to the applicant at the time the permit is granted.
(c) Agree to save the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant whether the same is expressed or not.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
It shall be the duty and responsibility of any person receiving a permit to:
(a) Pay a permit fee of fifteen dollars ($15.00), except as otherwise provided in Section 903.30, and provided that public utilities may elect to be billed monthly for such fees as they accrue.
(b) Make a deposit to cover the cost of inspecting the work authorized by the permit and the cost of restoring the street damaged by such work. The amount of deposit shall be computed by the Director depending on the class of opening as provided in this chapter.
Or Alternate Provision To Subsection (b) Where Municipality Does Not Restore The Opening
Or Alternate Provision To Subsection (c) Where Municipality Does Not Restore The Opening
(d) Furnish a certificate of insurance as required by this chapter.
(e) Submit, when required by the Director, a list of owners and tenants of all properties abutting the area where the work authorized by the permit is to be performed.
(f) Present evidence that all materials, labor and equipment which are needed to complete the work authorized by the permit are available.
(g) Keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which the permit was granted and show such permit and/or plan upon demand by any official of the City.
(Ord. 87-7. Passed 4-20-87.)
(a) Excavations shall be classified as either Class I or Class II openings. A Class I opening is an opening of fifty square feet or less. A Class II opening is any opening or excavation of more than fifty square feet.
(b) No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored.
(c) Not more than 250 feet, measured longitudinally, shall be opened in any street at any one time.
(d) All City-owned facilities, such as sewers, water lines or other structures, that are encountered during the construction, shall be carefully protected, at the expense of the permit holder, to prevent damage. In the event of damage to such facilities or structures, any costs incurred by the City for repairs shall be deducted from the permit holder's deposit. If it is necessary to relocate, remove or replace any such facility or structure, the work shall be done at the expense of the permit holder in accordance with specific plans and specifications presented by the permittee and approved by the Director of Service or his or her agent.
(e) Pipe drains, pipe culverts and other facilities encountered shall be protected by the permittee.
(f) Any person whose facilities are damaged by the permittee may make the necessary repairs and file a claim against the permittee with the City for the cost of such repairs. This amount may be held by the Director from the deposit pending determination of liability for the damage.
(g) Monuments of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the City, shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Director. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument. Any such replacement must be accomplished by a State-licensed professional land surveyor.
(h) When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Director.
(i) When any earth, gravel or other excavated material is caused to roll, flow or wash upon any street, the permittee shall cause the same to be removed from the street within four hours after deposit. In the event the earth, gravel or other excavated material so deposited is not removed, the Director shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
(j) Every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the Director to be necessary for the protection of the public.
Whenever any person fails to provide or maintain the safety devices required by the Director, such devices shall be installed and maintained by the City. The amount of the cost incurred shall be paid by the permittee or deducted from his deposit.
No person shall willfully move, remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this chapter.
Every person who applies for and obtains a street opening permit from the City shall be responsible for maintaining traffic control in accordance with the Ohio Uniform Traffic Control Manual. This includes the placement of signs, flagmen, if necessary, and all advance warning devices and barricades.
(k) Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
(l) Excavated materials 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. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the Director may require the permittee to provide toe boards or bins; and if the excavated area is muddy and causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the Director. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least one-half the sidewalk width open along such sidewalk line.
(m) Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless the permittee obtains written consent from the Director to do the work at an earlier or later hour. Such permission shall be granted only in case of an emergency.
(n) In granting any permit, the Director may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:
(1) Limitations on the period of the year in which the work may be performed;
(2) Restrictions as to the size and type of equipment;
(3) Designation of routes upon which materials may be transported;
(4) The place and manner of disposal of excavated materials;
(5) Requirements as to the laying of dust, the cleaning of streets, the prevention of noise and other results offensive or injurious to the neighborhood, the general public or any portion thereof; and
(6) Regulations as to the use of streets in the course of the work.
(Ord. 87-7. Passed 4-20-87.)
(a) All pavement cuts, openings and excavations shall be properly made, backfilled and temporarily surfaced by the permittee according to City specifications.
(b) The Director must be notified by the permittee at least four hours preceding the beginning of backfilling, of the date and approximate time at which backfilling will be begun.
(c) No backfilling shall be accomplished unless or until the Director or a designated City inspector is present.
(d) The work of restoration, including both paving and base shall be performed directly by the City under the supervision of the Director.
Or Alternate Provision To Subsection (d) Where Municipality Does Not Restore The Opening
(d) The work of restoration, including both paving surface and paving base, shall be performed by the permittee according to City specifications.
(e) If the Director finds that surface pavement adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, he may require a negotiated contribution from the permittee for the resurfacing, in place of patching, of such street if the total area of the proposed patch or probably damaged area exceeds fifteen percent of the total surface pavement between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.
(f) After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
(g) The Director shall make daily inspections of all work authorized by a permit. The Director is hereby empowered to provide a full-time inspector if the work to be performed is of a nature that a full-time inspector is necessary to ensure compliance with the provisions of this chapter.
(h) All inspection costs shall be borne by the permittee. Such costs shall be based on a schedule of charges on file in the office of the Director.
(i) Upon completion of all work accomplished under the provisions of the permit, the permittee shall notify the Director in writing. A certificate of final inspection shall be issued by the Director to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided the work authorized by the permit has been performed according to City specifications. Prior to the issuance of a certificate, the Director shall make a final inspection of the restoration to determine whether City specifications have been adhered to.
(j) If any settlement in a restored area occurs within a period of one year from the date of completion of the permanent restoration, any expense incurred by the City in correcting such settlement shall be paid by the permittee or recovered from his bond, unless the permittee submits proof satisfactory to the Director that the settlement was not due to defective backfilling .
(k) In no case shall any opening made by a permittee be considered in the charge or care of the City, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
(a) The Director, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee. However, the deposit shall not be less than one hundred dollars ($100.00) for a Class I opening nor less than five hundred dollars ($500.00) for a Class II opening. The deposit shall be paid at the time the permit is received, and it shall be used to reimburse the City for the cost of any work and materials furnished by it in connection with the work authorized by the permit, to cover all necessary inspections of such work and for any other purpose set forth in this chapter.
(b) In addition to any cash deposit and permit fees required for a Class I or Class II street opening permit, the following payments shall be made to the City. This schedule applies to any street opening which disturbs pavement, concrete, gutters, sidewalks, etc., on any street which has been improved, resurfaced, constructed or reconstructed within the previous ten years. The Director will determine the payment to be made prior to issuing the permit. A list of streets and the year they were improved will be maintained by the Director.
Cost Based on a Single Opening 1 Square Foot to 200 Square Feet in Area | Cost Based on Any Opening Larger Than 200 Square Feet | ||||
Year After Improve- ment | 1-20 Sq. Ft. Min. | Per Sq. Ft. in Excess of 20 Sq. Ft. up to 200 Sq. Ft. | Year After Improve- ment | 200 Sq. Ft. Min. | Per Sq. Ft. in Excess of 200 Sq. Ft. |
1 | $1,000.00 | $50.00 | 1 | $10,000 | $15.00 |
2 | 900.00 | 45.00 | 2 | 9,000 | 14.00 |
3 | 800.00 | 40.00 | 3 | 8,000 | 13.00 |
4 | 700.00 | 35.00 | 4 | 7,000 | 12.00 |
5 | 600.00 | 30.00 | 5 | 6,000 | 10.00 |
6 | 500.00 | 25.00 | 6 | 5,000 | 9.00 |
7 | 400.00 | 20.00 | 7 | 4,000 | 8.00 |
8 | 300.00 | 15.00 | 8 | 3,000 | 7.00 |
9 | 200.00 | 10.00 | 9 | 2,000 | 6.00 |
10 | 100.00 | 5.00 | 10 | 1,000 | 5.00 |
Example: Excavation 8' x 12' made in a 5 year old street: $600.00 for first 20 sq. ft. excavation; 96 sq. ft. - 20 sq. ft. = 76 sq. ft. x $30 sq. ft. = $2,280; $2,280 + $600 = $2,880 Total Payment | Example: Excavation 3' x 100' in a 3 year old street: $8,000 for first 200 sq. ft. of excavation; 300 sq. ft. - 200 sq. ft. = 100 sq. ft. x $13.00 = $1,300; $8,000 + $1,300 = $9,300 | ||||
(1) Individual sanitary sewer laterals shall be exempt from the payment schedule. Connections to natural gas and water or sewer mains to serve new buildings shall also be exempt from the payment schedule. The provision of services to vacant parcels shall be planned for prior to a street improvement and, where practical, shall be installed in advance so as to prevent disturbing the new street during the ten-year period following the completion of improvements.
(2) The City may waive the street opening payment in the case of an opening required as the result of a natural disaster, such as, but not limited to, a flood, earthquake or tornado. The Director of Services may also waive charges as required under the payment schedule if it is determined that the need to open an improved street during the ten-year period is due to circumstances beyond the control of the permittee involved or is the result of unusual conditions that could not have been foreseen.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the City an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the City may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
Whenever any public utility anticipates more than one street opening or excavation per calendar year, such utility may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of any and all work.
(Ord. 87-7. Passed 4-20-87.)
The Director is hereby authorized to establish a schedule of charges for inspections, labor, materials and such other expenses as may be incurred by the City in meeting the requirements of this chapter. The schedule shall be open to public inspection in the office of the Director upon demand.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
Upon notification by the permittee that all work authorized by the permit has been completed and after restoration of the opening, the Director shall refund to the permittee his deposit less all costs incurred by the City in connection with the permit. In no event shall the permit fee be refunded.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
Each applicant, upon the receipt of a permit, shall provide the City with an acceptable corporate surety bond conditioned on compliance with the street opening specifications of the City and the provisions of this chapter. The Director shall determine the amount of the bond and it shall be in relation to the cost of restoring the pavement cut to be made by the permittee. However, the amount of the bond shall not be less than one thousand dollars ($1,000). The term of each such bond shall begin from the completion date of the permanent restoration of the opening by the City and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Director. If the permittee anticipates requesting more than one permit a year, he may file a continuing corporate surety bond conditioned on compliance with the specifications of the City and the provisions of this chapter in such amount as the Director deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
Or Alternate Provision For Section 903.22 Where Municipality Does Not Restore The Opening
Each applicant, upon the receipt of a permit, shall provide the City with an acceptable corporate surety bond to guarantee faithful performance of the work authorized by a permit granted pursuant to this chapter. The amount of the bond shall be 100 percent of the estimated cost of restoring the street opening. The term of the bond shall begin upon the date of posting thereof and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Director. If the permittee anticipates requesting more than one permit per year as required by this chapter, he may furnish one continuing corporate surety bond to guarantee faithful performance in such amount as the Director deems necessary. The amount of such bond shall be in relation to the cost of restoring pavement cuts to be made by the permittee throughout the year.
(Ord. 87-7. Passed 4-20-87.)
Whenever the Director finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Director to be reasonably necessary for the completion of such work.
(Ord. 87-7. Passed 4-20-87.)
Each applicant, upon the application for a permit, shall provide the City with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street, and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the Director in accordance with the nature of the risk involved. However, the liability insurance for bodily injury shall not be in an amount less than one hundred thousand dollars ($100,000) for each person and three hundred thousand dollars ($300,000) for each accident, and for property damage not less than fifty thousand dollars ($50,000) with an aggregate of one hundred thousand dollars ($100,000) for all accidents. Public utilities may be relieved of the obligation of submitting such a certificate if they are insured in accordance with the requirements of this chapter.
(Ord. 87-7. Passed 4-20-87.)
When the City is to improve or pave any street, the Director shall first give notice to all persons owning property abutting on the street about to be paved or improved and to all public utilities operating in the City. All such persons and utilities shall make all connections as well as any repairs thereto which would necessitate excavation of the street, within thirty days from the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Director after consultation with the City Manager.
(Ord. 87-7. Passed 4-20-87.)
No permit shall be issued by the Director which would allow an excavation or opening in a paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists.
(Ord. 87-7. Passed 4-20-87.)
(Ord. 87-7. Passed 4-20-87.)
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