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Codified Ordinances of Kent, OH
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CERTIFICATION
DIRECTORY OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF KENT
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE.
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - PROPERTY MAINTENANCE AND HOUSING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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905.03 BOND; CHARGES; EXCEPTION; RETURN.
   (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.)
905.04 ROUTING OF TRAFFIC.
   The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions, as nearly normal as practicable, shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Deputy Service Director/Superintendent of Engineering may permit the closing of streets to all traffic for a period of time prescribed by him/her, if, in his/her opinion, it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the Police Department. The following steps shall be taken before any highway may be closed or restricted to traffic:
   (a)   The permittee must receive the approval of the Deputy Service Director/Superintendent of Engineering and the Police Department therefor;
   (b)   The permittee must notify the Fire Chief of any street so closed:
   (c)   Upon completion of construction work, the permittee shall notify the Deputy Service Director/Superintendent of Engineering and Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made;
   (d)   Where flagmen are deemed necessary by the Deputy Service Director/Superintendent of Engineering, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Deputy Service Director/Superintendent of Engineering will designate detours. The City shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee but in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Deputy Service Director/Superintendent of Engineering. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment. (Ord. 2002-106. Passed 11-2-02)
905.05 CLEARANCE FOR FIRE EQUIPMENT.
   The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen feet of fire plugs. Passageways leading to fire escapes or fire fighting equipment shall be kept free of piles of material or other obstructions. (Ord. 1978-27. Passed 3-1-78.)
905.06 PROTECTION OF TRAFFIC.
   The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, twelve inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-2-02)
905.07 REMOVAL AND PROTECTION OF UTILITIES.
   The permittee shall not interfere with any existing utility without the written consent of the Deputy Service Director/Superintendent of Engineering and the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across such work. In case any of such pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee and his/her or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.
(Ord. 2002-106. Passed 11-2-02)
                              
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