CHAPTER 901
Street Excavations
901.01   Definitions.
901.02   Application; deposit; permit and fee.
901.03   Insurance required.
901.04   Supervision of work; refilling.
901.05   Protection of excavations.
901.06   Return of deposit; insufficient deposit.
901.07   Exception.
901.08   Curb cutting; permit and fee.
 
901.99   Penalty.
   CROSS REFERENCES
   Power to establish and care for streets - see Ohio R.C. 715.19, 717.01, 723.01c
   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.
   Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
   Dangerous, abandoned excavations; barricades and warning lights - see GEN. OFF. 559.04
   Street maintenance program (Motor Vehicle License Tax) - see B.R. & T. Ch. 795
   Curbs - see S.U. & P.S. Ch. 903
   Platting regulations concerning streets - see P. & Z. 1311.09 et seq.
   Street improvements - see P. & Z. 1313.03
901.01 DEFINITIONS.
   As used in this chapter, “street,” “boulevard,” “avenue” and “alley” mean that land lying between private lot lines and land dedicated for public use.
(Ord. 178-1959. Passed 9-14-59.)
901.02 APPLICATION; DEPOSIT; PERMIT AND FEE.
   Before any person, other than a duly authorized City officer or employee, makes any excavation in any street, boulevard, avenue, alley, highway or other public grounds in the City, or removes the surface of any sidewalk or any part thereof, or opens any sidewalk in the City, such person shall file with the Service Director a written or printed application therefor, setting forth and accurately indicating therein the location, kind and extent of the proposed excavation or removal of sidewalk and the number, purpose and size of the excavations which are desired or necessary. If any excavations are for a purpose other than pursuant to a contract with the City, the applicant shall pay to the Finance Director a fee of one hundred dollars ($100.00) and shall deposit with the Finance Director, at the direction of the Service Director, either five hundred dollars ($500.00) for a residential side street (two lanes) or one thousand dollars ($1,000) for any main street (more than two lanes), as an additional amount sufficient to cover the cost of and supervision of backfilling, repairing, restoring and relaying the pavement, hard surface or the sidewalk, as the case may be, together with the cost of any new material. Any opening limited to the apron and not affecting the street shall require a permit from the Service Director. Such permit shall be issued for a fee of twenty-five dollars ($25.00).
(Ord. 12-1990. Passed 1-16-90.)
901.03 INSURANCE REQUIRED.
   Before any street excavation permit is issued, the applicant shall deposit with the Finance Director an insurance policy, in a form to be approved by the Director of Law. The policy shall designate the City as the insured therein and shall save the City harmless from any and all claims from bodily injury within the limits of one hundred thousand dollars ($100,000) for each person and three hundred thousand dollars ($300,000) for each accident and for property damage claims in the amount of fifty thousand dollars ($50,000) for each accident arising or growing out of the street excavation or removal of the surface of any sidewalk or excavation in any sidewalk or the prosecution of the work for which the permit is obtained or in any manner arising or growing out of the work necessary or incident to the issuance of the permit or that may be occasioned by reason of any excavation or anything else done pursuant to the permit.
901.04 SUPERVISION OF WORK; REFILLING.
   All excavations made within the street lines or sidewalk removed shall be subject to supervision by the Service Director. All paving, material, flagging, curbing and ballasting shall be carefully removed and preserved. After the work is completed, as contemplated by the application for the permit referred to in Section 901.02, the trench or excavation shall be refilled in accordance with the directions of the Service Director. The flagging, concrete, paving or other paving material shall be properly replaced under the supervision of the Service Director, but at the applicant's expense.
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