(a) Except as provided in subsection (g) of this section, no person shall make an excavation or opening or remove any pavement in any highway, lane, road, street or alley of the City, without first obtaining a street opening permit. Before a person, including a corporation, private utility or public utility may receive such a permit, such person shall file with the City Engineer an application on the form provided by the City Engineer. This application shall set forth and include the location, kinds and extent of the pavement desired to be taken up and the number, purpose and size of openings or excavations which are desired or necessary. At the time of application, applicant shall pay a non-refundable fee in accordance with a fee schedule fixed from time to time by the Board of Control in order to recover the City's costs related to street opening.
(b) In the event the scope of the project is revised during the course of the work, the City Engineer may recalculate the fee based on the actual size of the excavation in accordance with the fee schedule fixed by the Board of Control.
(c) In the event that a street opening permit is not issued or is revoked before an excavation has been made, the entire fee shall be refunded to the applicant, except for an amount fixed from time to time by the Board of Control to cover the city's cost of processing the application.
(d) Prior to being issued a street opening permit, permittee shall submit a performance bond either:
(1) In the amount of the estimated cost of backfilling and restoring the excavation to be made by the permittee, as estimated by the City Engineer; or
(2) An umbrella bond in the amount determined by the City Engineer or his designee. Any person providing an umbrella bond will be deemed to have met the performance bond requirements of this section for the duration of the performance bond.
(e) After the fee and deposit required by this section have been paid, the City Engineer may issue the permit applied for. The permit shall state the exact time the opening or excavation is to be made, the probable length of time required for the work to be done and the repair made, the character of the pavement, including its base, and the character of the work necessary for the satisfactory relaying of the pavement.
(f) All excavations shall be restored by permittee according to regulations promulgated by the City Engineer. Any regulations promulgated by the City Engineer shall be effective thirty (30) days after publication on the City's website.
(1) If the City Engineer determines that the permittee has failed to make restorations according to the City Engineer's regulations, the City Engineer may, by written notice, order the permittee to make restorations according to the regulations. The permittee shall have thirty (30) calendar days from receipt of written notice to make the appropriate restorations.
(2) If the City Engineer determines that the permittee has failed to make restorations after thirty (30) days from the permittee's receipt of notice, the City Engineer may draw, from the permittee's performance bond, funds sufficient to make the restorations according to the City Engineer's regulations.
(g) In an emergency, a person may make an excavation or opening or remove pavement in any highway, lane, road, street or alley of the City, provided that the person notifies the City Engineer in writing of the emergency, including a description of the nature of the emergency, and applies for a street opening permit within seven (7) calendar days of making the opening. The appropriate street opening fee shall accompany the application. Any person failing to notify the City Engineer as provided in this subsection (g) shall be charged the regular permit fee plus an additional fee of two hundred dollars ($200.00) to cover the City's administrative costs of identifying and inspecting the street opening made without a permit. As used in this subsection (g), "emergency" means a condition that (i) poses a clear and immediate danger to life or health or of a significant loss of property; or (ii) requires immediate repair or replacement in order to restore service to a user.
(h) The street opening permit shall identify the time period in which the street opening must be closed. The City Engineer or his or her designee will determine this time period based upon the size and nature of the opening.
(1) If the work is not stated within the time designated in the street opening permit, the permit may be revoked by the City Engineer.
(2) If the work has been started but not completed within the time designated in the street opening permit, the permit may be revoked by the City Engineer. If the permit is revoked, the City Engineer may charge all accrued restoration charges to the permittee. Should the permittee fail to pay all accrued restoration charges within thirty (30) calendar days of receipt of notice, the City Engineer may draw, from the permittee's performance bond, funds sufficient to restore the highway, lane, road, street, or alley according to the City Engineer's regulations.
(3) If a street opening permit is revoked by the City Engineer, a new permit must be secured before any further work can proceed.
(i) A permittee, in accepting and acting under a street opening permit, agrees to assume full responsibility for injury and damage to persons and property incurred because of any settlement of a restored area, and further agrees to pay all costs involved in reconditioning such areas. If any settlement in a restored area occurs within a period of one (1) year from date of completion of the permanent restoration, it shall be considered as conclusive evidence of defective backfilling. Any expense incurred by the City in correcting such settlement shall be paid by the permittee.
(j) A permittee shall carry on the work authorized by the permit in such manner as to cause a minimum of interference with traffic. The permittee shall use a traffic control plan that meets the minimum requirements in the Ohio Manual of Uniform Traffic Control Devices, as amended, or is otherwise approved by the City Engineer.
(Ord. 2024-11. Passed 3-11-24.)