(a) Private party (hereinafter called the “Applicant”) shall file an application with the City Engineering Department for the construction of sanitary sewer mains (hereinafter called the “Projects”) inside any incorporated area of the City.
(b) Such application shall be made on the form supplied for that purpose by the City Engineering Department.
(c) Applicant shall submit to the City Engineering Department construction plans, drawings, specifications, cost estimates, vehicular traffic plans, and such other documents as may be required for the department's review of the project.
(d) Applicant shall supply to the satisfaction of the City all easements required for maintenance of the lines without charge.
(e) Engineering, materials, construction and testing of the project shall conform to the City's and the State of Ohio's standards, specifications, rules and regulations.
(f) When the City Engineering Department approves the documents submitted in the foregoing Sections (a) through (e) and is satisfied of such, he shall so certify his approval by letter to the Massillon City Council.
(g) The Massillon City Council may then grant permission to the Applicant to construct such project by Resolution, contingent upon the Applicant entering into an acceptable contract with the City, and fulfilling the requirements of these Regulations.
(h) The contract shall contain as a minimum the following requirements:
(1) Said construction will be performed by a licensed sanitary sewer contractor per Section 925.13.
(2) Comprehensive General Liability - The Comprehensive General Liability coverage shall include completed Operations-Products Coverage, Personal Injury Coverage, and Contractual Liability Coverage to satisfy the Indemnification Clause included in this contract. Explosion, Collapse and Underground Hazards Liability Coverages shall be included in the General Liability Coverage when occasioned by the contractor's sub-surface operations.
The Comprehensive Liability Coverage shall include Non-ownership and Subcontractor's Coverage. The minimum limits of liability for all coverages above shall be a minimum of $1,000,000.00 for Bodily Injury and Property Damage each person and each occurrence respectively.
(3) Worker's Compensation - The contractor shall comply with the Ohio Worker's Compensation Act for all of his employees engaged in work under this contract.
(4) That the Applicant shall provide a surety bond of sufficient amount to compensate the City for completing the Project if necessary. The timetable for said project and bond shall be agreed to by the City Engineer.
(5) That upon completion of construction, testing and final approval of the said Project by the City Engineering Department, said lines shall be conveyed to the City.
(6) That, if requested by the Applicant on his original application and approved by the City, the City shall ensure the Applicant receives his/her prorated share of the cost of such improvement in any instance where connection is made by a nonparticipant (hereinafter called "Sub- Applicant") in the original cost within a ten year period if said Sub- Applicant wishes to connect to the Applicant sanitary sewer extension within a ten (10) year period after Sec. 925.63(h)(5) is enacted.
(7) That such prorated share shall be based on the front footage of improvement or simply divided by the potential users included in the scope of the application to the City. The Sub-Applicant's prorated share shall not be in excess of the amount chargeable to such Sub-Applicant if he had participated in such improvement.
(8) That, in the event a sanitary sewer lateral is not provided from the public right-of way to the property line of the non-participating property, an amount equal to the reverse proportion of the project applied the cost of constructing such lateral shall be deducted from the amount due as calculated in Sec. 925.63(h)(8), to the Applicant by the Sub-Applicant.
(9) That to determine the costs of such project, the Applicant shall provide the City Engineering Department with certified copies of all payrolls, material, supplies and services used on the Project.
(10) At the time a Sub-Applicant has requested to connect to the Applicant's sanitary sewer extension, the City Engineer will notify the Sub- Applicant of the prorated share. The Sub-Applicant shall make said payment to the applicant prior to receiving a permit. Upon the Applicant receiving said permit, the Applicant will notify the City Engineer of such in writing at which time the Engineer may issue a permit to the Sub-Applicant.
(i) When such Ordinance has been adopted and contract completely executed, and both filed with the City Auditor, the Applicant shall be given notice in writing by the City Engineering Department that he may proceed.
(j) All construction shall conform with the approved plans.
(k) All construction and testing shall be under the supervision and inspection of the City Engineering Department.
(l) The costs provided in Section 925.63(h)(9) shall be paid in full before final approval is given to such Project and use of the facility is permitted.
(m) Final approval of the Project and use of the facility shall be contingent upon the Applicant's satisfactory fulfillment of these Regulations and the terms of the contract.
(n) After the date of final approval of the Project, and as provided in Section 925.63(h)(5), the City Engineering Department shall collect a prorated share of the cost of such improvement whenever a Sub-Applicant connects as provided in this section and return such share of payment to the Applicant without a charge for such service.
(o) A Sub-Applicant shall not be issued a connection permit until his share of the cost has been paid to the Applicant and the City Engineer has written notification of such.
(Ord. 181-2002. Passed 11-18-02.)
SATELLITE SEWER DISCHARGE CONTROL PROGRAM (SSDCP)