(A) Definition. ROADWAY, as used in this section, shall include, but not be limited to, city highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts and viaducts over which the city has the care, supervision and control per R.C. § 723.01.
(B) Roadway use, repair and maintenance agreement when required. Where, in the opinion of the City Engineer, a proposed activity will require frequent and sustained use of a roadway by commercial trucks and similar vehicles, regardless of whether the vehicles are overweight or oversized, the person or business entity which will be engaging in the activity shall execute, prior to using the roadway for the activity, a Roadway Use, Repair and Maintenance Agreement (the “Agreement”) with the city. The Agreement shall be in a form approved by the City Engineer, Service Director, Planning Director, Mayor and Law Director. The following activities shall require execution of the Agreement:
(1) Oil and natural gas drilling;
(2) Mining;
(3) Gravel pits or yards;
(4) Trucking terminals or trucking transfer stations;
(5) Installation/construction of oil and gas infrastructure, including pipelines and related structures;
(6) Major earthmoving projects;
(7) Landfills;
(8) Wind farms; and
(9) Any other activity that, in the opinion of the City Engineer, would require the city to incur additional costs to maintain a roadway as a result of the activity.
(C) Roadway use, repair and maintenance agreement; when executed; performance assurance bond. No person or business entity, or any employee, agent or representative of a person or business entity, shall engage in any activity set forth in divisions (B)(1) through (B)(9) of this section, except where:
(1) The person or business entity has executed and delivered to the city, the Agreement; and
(2) The person or business entity has secured and delivered to the city a performance assurance bond in the amount of at least $300,000 of surety coverage per mile of roadway.
(Prior Code, § 1020.01) (Ord. 2017-07, passed 4-11-2017)