933.23 SPECIFICATIONS FOR STREET OPENING.
   (a)    After any pipes, conduits, drains, or other underground structures are laid or any excavation is made in the roadway, the trenches, or openings shall be properly backfilled with approved backfill material. Trench backfill shall include material placed above a plane six inches above the barrel of the pipe. The backfill material shall consist of Item 310.12, Ohio Department of Transportation Specifications granular backfill and shall be mechanically tamped in eight inch layers. Driving over the trench, using the bucket of a backhoe, or jetting the trench shall not be considered as alternatives to mechanical tamping.
   (b)    Material, satisfactory to the Municipal Engineers shall be used as the final course, so there will be a firm and solid surface. In no case shall the material so placed be allowed to project above or below the grade of the road as originally established. All surplus material shall be removed in a manner satisfactory to the Municipal Engineers. The permit holder shall maintain the pavement and berm over the trench in a manner acceptable to the Municipal Engineers.
   (c)    Whenever the pavement is disturbed it will be replaced by the permit holder and the cost of such work shall be borne by the permit holder. Until such time as the road base and surface shall have been replaced, any cost of maintenance of keeping the roadway in passable condition shall be borne by the permit holder.
   (d)    At all times during the progress of the work, adequate protection and passage shall be provided by the permit holder for the traveling public. Barriers shall be erected and maintained as may be necessary for the protection of the traveling public; the same shall be properly lighted at night; and the party or parties to whom this permit is issued shall be responsible for all damages to persons or property due to or resulting from any work done under this permit. All detour routes must be approved in advance by the Municipality and the route shall be properly posted with signs so as to clearly direct the motorist in the most appropriate route around the excavation site.
   (e)    No tunneling or driving shall be done under this permit without prior approval of method to be followed where pipes or conduits are to cross the roadway. The crossing shall be made without disturbing the pavement, if possible, by tunneling or driving the pipe under the roadway; the pipe shall be carried under and across the road in a large casing unless otherwise provided or by written consent of the Municipal Engineers.
   (f)    The pavement shall be kept clear of all dirt from the excavation. In the event the roadway becomes damaged because of construction, the party or parties to whom this permit is granted shall promptly restore the roadway to its former state of usefulness.
 
   (g)    All of the above conditions shall apply in event it becomes necessary to open the trench at some future date for repairs or removal of structures. Except as authorized, no excavation shall be made or obstacle placed within the limits of the roadway in such manner as to interfere unnecessarily with the travel over the road.
   (h)    If the party or parties to whom this permit is issued do anything contrary to the orders of the Municipal Engineers and after due notice fail to conform to such orders, the Municipality may, with or without notice, correct such work or remove such structures or material; and the party or parties to whom this permit is issued shall reimburse the Municipality for any expense incurred in correcting the work or removing the structure of materials.
   (i)    All the work contemplated shall be done under the supervision and to the satisfaction of the Municipal Engineers, and the entire expense thereof shall be borne by the party or parties to whom this permit is issued. On the completion of the work contemplated all rubbish and debris shall be removed and the roadway and roadsides shall be left neat and presentable and satisfactory to the Municipal Engineers. The right is reserved, during the time any or all work is being performed, to appoint an inspector over the work who shall represent the interests of the Municipality, and any compensation arranged for shall be paid wholly by the permit holder.
   (j)    All of the above conditions shall be applicable to the work herein authorized, unless the same are inconsistent with the conditions on the face of the permit, in which case the conditions written or printed on the permit shall apply. The acceptance of this permit or the doing of any work thereunder shall constitute an agreement by the party or parties to whom the permit is granted to comply with all of the conditions and restrictions printed or written herein. The permit may at any time be revoked and annulled by the Municipal Engineers for nonperformance of or noncompliance with any of the conditions, restrictions and regulations hereof.
   (k)    The surface and base of the disturbed pavement shall be replaced with the material specified by the Municipal Engineer and according to his specifications. The area of pavement to be replaced shall extend twelve inches outside of the limits of the ditch in all directions. The pavement will be replaced with six inch concrete per ODOT 305 overlayed with two inch asphalt ODOT 404, if existing pavement is asphalt. The permit holder has the option of the following: to replace pavement himself within thirty days, or to have municipal street crew replace pavement at permit holder's cost.
(1980 Code 50.26)