(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.)