(a) Maintenance of Facilities. Each service provider shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, State and local requirements.
(b) Maintenance of Landscaping or Other Aesthetic Requirements. Any person with a construction permit that includes a landscaping, screening and/or other aesthetic requirement in connection with the placement of any above ground facilities, structure or item in the right-of-way shall maintain such landscaping, screening and/or other aesthetic requirement, on a continuing basis, in the manner specified in the construction permit or other manner as approved in writing by the Village Administrator.
(c) Safety Procedures. Each Person shall use suitable barricades, flags, flagmen, lights, flares and other measures as necessary and in accordance with applicable State and local requirements for the safety of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting the right-of-way or property.
(d) Interference with the Public Rights-of-Way. No Service provider may locate or maintain facilities so as to unreasonably interfere, as determined by the Village Administrator, with the use of the right-of-way by the Village, the general public or other persons authorized to use or be present in or upon the right-of-way. The service provider shall temporarily or permanently move all such facilities, as determined by the Village Administrator.
(e) Damage to Public or Private Property. No service provider or other person shall take any action or permit any action that may impair or damage any Village property, right-of-way, or other public or private property located in, on or adjacent thereto.
(f) Restoration of a Right-of-Way, Other Ways and Village Property.
(1) When a service provider or other person performs any construction, reconstruction, excavation, routine maintenance, emergency work or any other work in or affecting any right-of-way or Village property, it shall, after the work is completed and at its own expense, promptly remove any obstructions from and restore such ways or property, within ten to thirty days, at the Village Administrator's discretion, to as good a condition as existed before the work was undertaken, as directed by the Village Administrator.
(2) If weather or other conditions prevent the complete restoration required by this section, the personal shall temporarily restore the affected ways or property as directed by the Village Administrator, at the person's sole expense. The person shall promptly undertake and complete the required permanent restoration when weather or other conditions no longer prevent permanent restoration.
(3) If the service provider or other person does not timely complete the required temporary or permanent restoration as directed by the Village Administrator, the Village may complete the restoration at the service provider's expense and may draw upon the performance Bond to reimburse the Village for its costs incurred in performing the restoration.
(g) Restoration of Improvements. After completing any construction work in the right-of-way, a service provider or other person shall promptly repair any and all rights-of-way, property, improvements, fixtures, structures and facilities that were damaged during the course of construction, and restore them as nearly as practicable to their prior condition.
(h) Landscape Restoration.
(1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, reconstruction, installation, maintenance, repair or replacement of facilities must be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work, except to the extent that tree trimming is necessary to prevent the interference of tree branches with overhead facilities.
(2) All restoration work within the right-of-way shall be done in accordance with landscape plans approved by the Village Administrator.
(i) Exemption of Village-Owned or Operated Facilities. Except as otherwise required by law, nothing in this chapter shall be construed to apply to facilities owned or operated by the Village or any of its operations.
(j) Recovery of Costs. Village costs related to a Service provider's occupancy or use of the right-of-way may be recovered in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law. (Ord. 862. Passed 4-20-09.)