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The meaning of the words as used in this chapter shall be as stated in the following:
(a) "Applicant" means any person making written application to the Deputy Service Director/Superintendent of Engineering for an excavation permit hereunder.
(Ord. 2002-106. Passed 11-6-02.)
(b) "City" means the City of Kent, Ohio.
(c) "City Council" or "Council" means the City Council of Kent.
(Ord. 1978-27. Passed 3-1-78.)
(d) "Deputy Service Director/Superintendent of Engineering" means the Deputy Service Director/Superintendent of Engineering of Kent. (Ord. 2002-106. Passed 11-6-02)
(e) "Excavation work" means the excavation and other work permitted under an excavation permit and required to be performed under this chapter.
(f) "Permittee" means any person who has been granted and has in full force and effect an excavation permit issued hereunder.
(g) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(h) "Street" means any street, highway, sidewalk, alley, avenue or other public way or public grounds in the City.
(i) "Lawnstrip" means any unpaved area within a public right of way or public grounds in the City.
(Ord. 1978-27. Passed 3-1-78.)
(a) Permit. No person shall dig up, break, excavate, tunnel, undermine or in any manner break up any street, sidewalk, lawnstrip, etc. or make or cause to be made any excavation in or under the surface of any street or sidewalk for any purpose or place, deposit or leave upon any street or sidewalk, lawnstrip, etc. any earth or other excavated material obstructing or tending to interfere with the free use of the street or sidewalk unless such person shall first have obtained an excavation permit therefor from the Deputy Service Director/Superintendent of Engineering as herein provided. Excavation permits are not required for work performed under City and/or State and federal contracts.
(b) Application. No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Deputy Service Director/Superintendent of Engineering. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may reasonably be required by the Deputy Service Director/Superintendent of Engineering. The ap plication shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to such excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the Deputy Service Director/Superintendent of Engineering.
(c) Permit Fees. A permit fee shall be charged by the Deputy Service Director/Superintendent of Engineering for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation permit fee shall be twenty dollars ($20.00) for each excavation opening required per lot, except when excavations for individual lots are made simultaneously and in conjunction with excavation for constructing new or extending existing public or private utility feeder and/or trunk lines to service two or more customers. A utility company shall be issued a permit that shall be valid for a period of one year and at a cost of twenty dollars ($20.00) to perform ordinary and usual maintenance work.
(d) Excavation Placard. The Deputy Service Director/Superintendent of Engineering shall provide each permittee at the time a permit is issued hereunder a suitable placard plainly written or printed in english letters at least one inch high with the following notice: "City of Kent, Ohio. Permit No. Expires " and in the first blank space there shall be inserted the number of such permit and after word "expires" shall be stated the date when such permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. No person shall exhibit such placard at or about any excavation not covered by such permit or misrepresent the number of the permit or the date of expiration of the permit.
(Ord. 2002-106. Passed 11-2-02.)
(a) Bond. No excavation permit shall be issued until the applicant has deposited with the Director of Budget and Finance a bond in the amount of the cost of repairs to the City street and facilities as estimated by the Deputy Service Director/Superintendent of Engineering. The bond shall be in the form of a certified check or money order payable to the City, or a permit bond issued by an approved surety company licensed in the State. The purpose of the required bond is to specifically insure that all excavations are restored in accordance with the current standards, drawings and specifications on file with the Deputy Service Director/Superintendent of Engineering. The minimum bond amount shall be one thousand dollars ($1000.00); a permit bond in the amount of ten thousand dollars ($10,000) shall be deemed adequate for concurrent excavations for utility connections or similar type work at five or less locations.
(Ord. 2016-31. Passed 4-20-16.)
(b) Charges. The costs incurred by the City, as defined in Section 905.19
, for any repair made by the City for work the permittee fails to perform or properly perform shall be deducted from the bond on deposit with the Director.
The Deputy Service Director/Superintendent of Engineering shall notify the permittee that defective workmanship by the permittee has caused the City to make the specified repairs and the cost thereof has been deducted from the bond posted by the permittee. The Deputy Service Director/Superintendent of Engineering shall notify the permittee of any additional amount that must be deposited with the City to cover the cost of City made repairs above the amount of the bond and to maintain the bond in its full amount. Complete compliance with the bond deposit requirement set forth herein is a condition precedent to the issuance of either the initial or a subsequent street opening or excavation permit. (Ord. 2002-106. Passed 11-2-02)
(c) Exception. Any homeowner performing work within the public right of way adjacent to the property at which he/she resides shall be exempt from the bonding requirements of subsection (a) hereof. Any costs incurred by the City as defined in Section 905.19
resulting from work performed by a homeowner exempt from bonding shall be billed to the property owner and shall be collected pursuant to Ohio R.C. Chapter 727.
(d) Bond Return. All work shall be approved by the City Inspector before a refund of bond money may be made to a permittee. It shall be the responsibility of the permit holder to obtain required inspections and to request in writing the return of his/her bond. The permit holder may choose to keep the bond on file for use on concurrent or subsequent projects provided the bond amount is adequate to cover the repair costs for all permits issued.
(Ord. 1988-119. Passed 11-2-88.)
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