CHAPTER 901
Street Openings and Excavations
901.01   Application and permit required.
901.02   Review and inspection fees.
901.03   Fees required for street right of way disturbed for underground utility.
901.04   Street openings and curb cut specifications.
901.05   Deposit or bond for transporting earth, debris, building material or equipment over streets.
901.06   Exceptions.
901.07   Emergency utility openings.
901.99   Penalty.
 
CROSS REFERENCES
Openings by the municipality - see Ohio R.C. 723.02
Liability for damage - see Ohio R.C. 723.49
Changing established grade - see Ohio R.C. 727.07
Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10
Truck loads dropping or leaking; tracking mud - see TRAF. 339.08
Barricades and warning lights; abandoned excavations - see GEN. OFF. 521.03; BLDG. 1335.01(b)
Curbs and gutters: construction, repair - see S.U. & P.S. Ch. 905
Subdivision improvements - see P. & Z. Ch. 1173
901.01 APPLICATION AND PERMIT REQUIRED.
   (a)   Any person or entity which desires to use a public right-of-way within the corporate limits of the City for construction or installation of any physical facilities, or to cut an opening in any curb of a public street for the purpose of facilitating ingress or egress or for any other purpose, or desire to make a street opening in any paved street, shall file an application with the City Engineer on forms provided by the City and provide the information required by the application form.
   (b)   The City Engineer shall review all complete applications submitted to the City pursuant to this section and determine whether the subject matter of the application complies with all City ordinances and regulations, and whether the proposed work or permanent installation of the proposed physical facilities will be adverse to the public health, safety and general welfare. Provided the application complies with all City ordinances and regulations and will not be adverse to the public health, safety and general welfare, as reasonably determined by the City Engineer, the City Engineer shall issue a permit for the work, construction or installation that is the subject of the application.
(Ord. 101-15. Passed 7-13-15.)
901.02 REVIEW AND INSPECTION FEES.
   (a)   The fee for review of the application and inspecting any of the work performed under a permit issued pursuant to Section 901.01 by the City Engineer’s Office shall be at the rate of forty dollars ($40.00) per hour that shall be charged in minimum one-half hour increments.
 
   (b)   The estimated review and inspection fees, as determined by the City Engineer in the Engineer’s sole discretion, shall be paid at the time of filing the application provided for in Section 901.01, and any portion of the fee collected that is not used by the City Engineer shall be returned to the applicant within ten day after the date of final inspection of the work. Any and all fees that are required for the review and inspection required by this section that are not covered by the initial payment of fees as required by this subsection (b) shall be paid by the applicant upon the final inspection. All fees collected pursuant to the provisions of this chapter shall be deposited in the Street Maintenance and Repair Fund.
(Ord. 101-15. Passed 7-13-15.)
901.03 FEES REQUIRED FOR STREET RIGHT OF WAY DISTURBED FOR UNDERGROUND UTILITY.
   (a)   The Director of Public Service is hereby authorized and directed to require the deposit of fees in advance for any street opening or closing or repair made by the City in the street right of way necessitated by the installation of any underground utility.
 
   (b)   The fee deposit which shall be required shall be pursuant to the schedule which is attached to the original copy of Ordinance 62-72, marked Exhibit A and incorporated herein.
 
   (c)   No refund can be made of any fee or portion thereof which has been deposited.
(Ord. 62-72. Passed 6-26-72.)
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