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Mariemont, OH Code of Ordinances
CHAPTER 153: STREET OPENINGS
Section
   153.01   General provisions
   153.02   Applications and permits
   153.03   Deposit or security for payment
   153.04   Installation of sewer branches and water service branches by contract
   153.05   Interference with vehicular traffic
   153.06   Trenching; backfilling; tunneling
   153.07   Temporary restoration
   153.08   Methods, materials, and equipment used in making restoration
   153.09   Restoration of unimproved surfaces; heavily traveled roadway: Class 5
   153.10   Restoration of macadam streets: Class 4
   153.11   Concrete base for asphalt streets: Classes 2, 3, and 7
   153.12   Sheet asphalt: Class 3
   153.13   Concrete pavement: Class 1
   153.14   Cement walks
   153.15   Brick walk
   153.16   Sod areas
   153.17   Concrete base only: Class 8
   153.18   Responsibility for settlement in restored areas
   153.19   Classification of pavements
   153.20   Schedule of charges
   153.21   Force account or cost plus
   Appendix A: Sample Drawings
   Appendix B: Charges
§ 153.01 GENERAL PROVISIONS.
   (A)   These rules and regulations shall be made a part of the specifications for any and all projects in which the opening of the surface or the tunneling of a public way is involved. They shall also be embodied in the proposal for submitting bids on contracts, and in the formal contract, and the contractor shall be required to perform all work covered by these rules and regulations in strict accordance therewith.
   (B)   In performing work under these specifications, the permittee is fully responsible that his or her operations conform to all applicable statutes, rules, or regulations of the village and the state.
(2000 Code, § 153.01) (Ord. O-23-81, passed 10-26-1981)
§ 153.02 APPLICATIONS AND PERMITS.
   (A)   Street opening permits are issued by the Building Commissioner. Applications and permits shall be on forms and provided by the village.
   (B)   The application shall give the location and dimensions of the proposed opening, the purpose for which the opening is to be made, the kind of pavement or surface to be opened, and the approximate date that the opening will be made. The period of time allowed for closing an opening will be governed by the size and nature of the opening. If the work is not completed within the time designated on the permit, the permit may be cancelled and a cancellation charge of $4 applied.
   (C)   If the work has been started but not completed within the time allowed, the permit may be cancelled. If cancelled, a cancellation charge, plus all accrued restoration charges shall be paid by the permittee.
   (D)   Before the work can proceed, a new permit must be secured under the same procedure as required in starting a new job.
   (E)   All applications for mains, conduits, manholes, and other major subsurface structures shall be accompanied by a plan and typical cross section showing, as nearly as possible from records available, the location of the existing underground structures and the location of the proposed structure. Plans shall be submitted in triplicate. See sample drawings in Appendix A. The issuance of a permit will be based on the approved plans. No work which deviates from an approved plan shall be performed unless and until an approval of the change of plan has been secured from the Building Commissioner.
(2000 Code, § 153.02) (Ord. O-23-81, passed 10-26-1981)
§ 153.03 DEPOSIT OR SECURITY FOR PAYMENT.
   (A)   Restoration of pavement or payment of the cost thereof must be assured in one of the following ways:
      (1)   The applicant has made a cash deposit equal to the estimated charge for restoration at schedule prices;
      (2)   The applicant is operating under a contract with the village involving the opening of public ways, in which case he or she may obtain a street opening permit without cash deposit, but all restoration charges shall be paid on completion of the contract work and prior to payment to the contractor of the final estimate of money;
      (3)   In the event that the contractor fails to keep the restoration work fully apace with the trench work, the permit may be cancelled and the contractor required to make the deposits as specified in division (A)(1) above. In the case of large contracts involving long trenches, the contractor shall pay promptly any partial billing of restoration charges. The village reserves the right to withhold any or all unpaid restoration charges from any funds due the contractor;
      (4)   The applicant is a village or county department whose functions require the installation or maintenance of underground structures; and
      (5)   The applicant is a public utility corporation whose franchise empowers it to make its own paving restoration, but such permits will be issued only when the restoration work keeps fully apace with the openings being made. Such corporations shall pay promptly all bills for inspection at scheduled rates, and all bills for restoration done by village forces.
   (B)   If at any time during the course of the work it appears that the cash on deposit is inadequate to cover the cost of restoration, an additional sum shall be deposited by the permittee in an amount equal to the difference between the deposit and the revised estimate of charge.
   (C)   Where the contractor makes his or her own restoration, or operation is of unusual size or difficulty, the village reserves the right to assign an inspector to control street opening or street restoration. In such cases, the permittee shall bear the entire cost of such inspection and shall deposit with the village the estimated amount of such inspection in advance. If underestimated, the permittee shall advance additional funds.
(2000 Code, § 153.03) (Ord. O-23-81, passed 10-26-1981)
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