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
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.)
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.
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.
All excavations, obstructions or places where the sidewalk is removed shall be carefully guarded, protected or barricaded at all times and during the night season shall be defined by amber colored lights. Such other precautions shall be taken as are necessary to guard against accidents. In this respect the Service Director may issue any additional orders as he or she may consider proper which shall be implicitly and promptly complied with. At all times the work shall be done so as to cause the least inconvenience to property owners and the general public.
All street excavations, in addition to the provisions in the foregoing paragraph, shall be covered until such time as they are repaved with a suitable steel or iron material such as boiler plate or interlocking steel sheet piling of not less than three-fourths inch minimum thickness and of sufficient tensile strength to safely sustain motor vehicular traffic over such street excavation.
(Ord. 157-1990. Passed 5-21-90.)
When any work under any street excavation permit is completed and all the provisions of this chapter have been complied with and all orders of the City have been fulfilled with respect to the work or the object for which the permit was obtained, the Director of Finance shall issue a warrant to return the excess of the cost to the person who made the deposit. If the deposit provided for in Section 901.02 is insufficient to reimburse the City the Director of Finance shall certify the deficiency to the Service Director who shall thereupon notify the applicant for the permit of the deficiency and proceed to collect the same from the permit applicant.
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