919.22 SEVERABILITY.

   All sections, subsections, provisions and parts of this chapter shall be severable, and if any section, subsection, provision, or portion of this chapter is declared or ruled invalid or otherwise invalidated by any court or agency of valid jurisdiction, such declaration or ruling shall not affect the validity of any other section, subsection, provision or portion of this chapter, and all other sections, subsections, provisions and portions of this chapter shall remain in full force and effect.

(Ord. 14-2002. Passed 1-8-02.)

919.23 CHOICE OF LAW AND FORUM.

   This chapter and the terms and conditions of any Certificate of Registration or Permit shall be construed and enforced in accordance with the substantive Laws of the State of Ohio and the Laws of the United States of America, specifically in that order. All Providers and Permittees as a condition for the grant of any Permit or issuance of any Certificate of Registration agree that all disputes shall be resolved in a court of competent jurisdiction in Hamilton County, Ohio.

(Ord. 14-2002. Passed 1-8-02.)

919.24 DISRUPTION COSTS.

   (a)   At the time of Permit application, the Service Director shall determine the number of days necessary to complete the construction requested in the Permit application. The determination shall be based upon the R.S. Means Estimating Standards. There shall be no Permit fee attributable to disruption costs for construction during the number of days determined by the Service Director as necessary to complete the work, so long as no lanes of traffic are obstructed during the rush hours set forth in this chapter. If the project is not completed during the time period set forth in the Permit, and if the Service Director has not granted an extension pursuant to this chapter, and/or if at any time Permittee interferes with any lanes of traffic during rush hour on collector or arterial streets, without having first received permission to do so from the Service Director, the following daily fees shall be paid to compensate for disruption costs:

 

Residential Street
	$100.00
	NON RUSH HOUR	RUSH HOUR
Collector Streets	$200.00	$400.00
Arterial Streets	$400.00	$800.00

 

   (b)   The fees for disruption costs shall apply for each 500 feet of Right-of-Way obstructed. By way of example, if a Permit has been granted for work on a collector street, and the Service Director has determined that the work will be completed in four days, no disruption cost Permit fee shall be charged for work during those four days, so long as no lanes of traffic are interfered with during rush hours. If, without prior approval of the Service Director, a lane of traffic on this street is interfered with during rush hours, and the interference comprises 500 feet or less, an additional fee of $400.00 must be paid. If the work is not completed within four days, and no extension is granted, on the fifth day of work, any interference with one lane of traffic of 500 feet or less during a non rush hour time period, will require an additional permit fee of $200.00. If the area of lane interference exceeds 500 feet, but is less than 1,000 feet, in this scenario, the non rush hour fee on the fifth day of work would be $400.00.
(Ord. 14-2002. Passed 1-8-02.)

919.25 ADMINISTRATIVE/MANAGEMENT COSTS.

   The formula for determining that portion of the Permit fee relating to Administrative/Management Costs is as follows:

(Labor + Indirect Costs) x Number of Inspector Visits to the Work Site = Permit Fee for Administrative/Management Costs

In connection with this formula the following assumptions are made:

 

Labor = hourly rate + benefits

Inspectors are paid $30.00 per hour

Benefits = 45% of salary ($13.50 per hour)

Average inspections take 30 minutes

Indirect costs = 25% of salary ($7.50 per hour)

HYPOTHETICAL EXAMPLE INVOLVING PROJECT REQUIRING FIVE INSPECTIONS:

($21.75 + $3.75) x 5 = $127.50

(Ord. 14-2002. Passed 1-8-02.)

FEE SCHEDULE

The structure of the recommended permit fees divides the fees into four separate areas, Review Fees, Degradation Costs, Disruption Costs, and Administrative/Management Costs. Degradation is defined in Section 919.02(f) Initial Review costs mean those administrative and consultation costs associated with the review of the Initial Application.. Disruption Costs refer to the interruption of the normal use of the Public Right-of-Way. Administrative/Management Costs relate to those costs associated with a Public Right-of-Way project such as permitting, inspections, as well as inventory, map updating, and general inquiries related to Public Right-of-Way intrusion. This fee schedule is not applicable to Vested Users, who shall continue to operate pursuant to the prior course of dealing with the City.

PROPOSED RIGHT-OF-WAY PERMIT FEES

I. INITIAL REVIEW FEES

A fee for the Initial Review of all applications shall be $500.00, unless the applicant certifies that no excavation within the Rights-of-way is intended, in which case, the Initial Review Fee shall be $250.00.

II. ANNUAL REVIEW FEE

Fee of $250 shall be paid annually by each Permittee to mitigate the costs of the annual administrative review of status and plans of Permittee.

III. DEGRADATION COSTS

The formula for Degradation Costs is provided in Tables 1 through 3, for streets with a 20, 30 and 40-year design standard. Table 4 illustrates a hypothetical calculation.

TABLE 1 - Recommended Cost of Recovery Method (With 20 Year Street Design Standard)

Cost per Square Yard for Streets, Overlays and Sealcoats

X Depreciation Rate X Area of Influence (1)

Depreciation Rates						Cost Per Square Yard
Street (2)				Overlays		Type	Cost
Age	Rate	Age	Rate	Age	Rate
0	100%	21		1	90%	Asphalt Street Reconstruction	$45.00
1	99%	22		2	80%	Overlays	$5.00
2	98%	23		3	70%	Sealcoats	$1.10
3	97%	24		4	60%
4	96%	25		5	50%
5	95%	26		6	40%
6	90%	27		7	30%
7	84%	28		8	20%
8	79%	29		9	10%
9	74%	30		10	0%
10	68%	31
11	63%	32		Sealcoats
12	58%	33		Age	Rate
13	52%	34		1	80%
14	47%	35		2	60%
15	42%	36		3	40%
16	36%	37		4	20%
17	31%	38		5	0%
18	26%	39
19	20%	40
20	15%

(1)    Area of influence is equal to area of the cut plus 3.0 feet on each side (expressed in sq. yds.)

(2)    Depreciation rates are based on a 20-year street design standard.

Depreciation for the first 5 years is 1.0% per year, followed by straight-line depreciation less 15.0% for the remaining street design standard (15 years). Depreciation can occur at 1.0% per year after this time for up to 15 years or street reconstruction, whichever occurs first. This reflects the consensus of the Committee that streets retain some value beyond their design standard or expected street life.

TABLE 2 - Recommended Cost of Recovery Method (With 30 Year Street Design Standard)

Cost per Square Yard for Streets, Overlays and Sealcoats

X Depreciation Rate X Area of Influence (1)

Depreciation Rates						Cost Per Square Yard (3)
Street (2)				Overlays		Type	Cost
Age	Rate	Age	Rate	Age	Rate
0	100%	21		1	90%	Asphalt Street Reconstruction	$45.00
1	99%	22	41%	2	80%	Overlays	$5.00
2	98%	23	37%	3	70%	Sealcoats	$1.10
3	97%	24	34%	4	60%
4	96%	25	31%	5	50%
5	95%	26	28%	6	40%
6	92%	27	25%	7	30%
7	89%	28	21%	8	20%
8	85%	29	18%	9	10%
9	82%	30	15%	10	0%
10	79%	31
11	76%	32		Sealcoats
12	73%	33		Age	Rate
13	69%	34		1	80%
14	66%	35		2	60%
15	63%	36		3	40%
16	60%	37		4	20%
17	57%	38		5	0%
18	53%	39
19	50%	40
20	47%

(1)    Area of influence is equal to area of the cut plus 3.0 feet on each side (expressed in sq. yds.)

(2)    Depreciation rates are based on a 30-year street design standard.

   Depreciation for the first 5 years is 1.0% per year, followed by straight-line depreciation less 15.0% for the remaining street design standard (25 years). Depreciation can occur at 1.0% per year after this time for up to 15 years or street reconstruction, whichever occurs first. This reflects the consensus of the Committee that streets retain some value beyond their design standard or expected street life.

(3)    Average cost estimates as recommended by GMTC Right-of-Way Committee.

TABLE 3 - Recommended Cost of Recovery Method (With 40 Year Street Design Standard)

Cost per Square Yard for Streets, Overlays and Sealcoats

X Depreciation Rate X Area of Influence (1)

Depreciation Rates						Cost Per Square Yard (3)
Street (2)				Overlays		Type	Cost
Age	Rate	Age	Rate	Age	Rate
0	100%	21	58%	1	90%	Asphalt Street Reconstruction	$45.00
1	99%	22	56%	2	80%	Overlays	$5.00
2	98%	23	54%	3	70%	Sealcoats	$1.10
3	97%	24	52%	4	60%
4	96%	25	49%	5	50%
5	95%	26	47%	6	40%
6	93%	27	45%	7	30%
7	90%	28	42%	8	20%
8	88%	29	40%	9	10%
9	86%	30	39%	10	0%
10	84%	31	36%
11	81%	32	33%	Sealcoats
12	79%	33	31%	Age	Rate
13	77%	34	29%	1	80%
14	74%	35	26%	2	60%
15	72%	36	24%	3	40%
16	70%	37	22%	4	20%
17	68%	38	20%	5	0%
18	65%	39	17%
19	63%	40	15%
20	61%

(1)    Area of influence is equal to area of the cut plus 3.0 feet on each side (expressed in sq. yds.)

(2)    Depreciation rates are based on a 40-year street design standard.

   Depreciation for the first 5 years is 1.0% per year, followed by straight-line depreciation less 15.0% for the remaining street design standard (35 years). Depreciation can occur at 1.0% per year after this time for up to 15 years or street reconstruction, whichever occurs first. This reflects the consensus of the Committee that streets retain some value beyond their design standard or expected street life.

(3)    Average cost estimates as recommended by GMTC Right-of-Way Committee.

TABLE 4 - Recommended Cost of Recovery Method

Cost per Square Yard for Streets, Overlays and Sealcoats

X Depreciation Rate X Area of Influence (1)

Example

Using 20-Year Street Design Standard

Assumptions: Street is 16 years old

Overlay is 5 years old

Sealcoat is 1 year old

Area of cut = 3 feet x 3 feet

Area of influence = 9 feet x 9 feet = 81 square feet = 9 square yards

 

	Cost per Square Yard	Depreciation Rate	Area of Influence	Degradation Cost
Street	$45.00	36.00%	9.0	$145.80
Overlay	$ 5.00	50.00%	9.0	$ 22.50
Sealcoat	$ 1.10	80.00%	9.0	$ 7.92
		Total Cost		$176.22

ACCEPTANCE OF PERMIT TERMS AND CONDITIONS

Date

   The undersigned does hereby accept all the terms and conditions recited in the Rights of Way Ordinance of the City of Norwood, including but not limited to, indemnification of City, warranty, and duties of care and repair. The undersigned accepts the obligation to perform all work in accordance the provisions of the ordinance and the specifications set forth in the Application, subject to any modifications imposed or conditions set forth by the Service Director.

 

Name: _____________________________________________________ Title: ______________________________________________________ Address: ___________________________________________________ Phone: ____________________________________________________ Signed ____________________________________________________ For Permittee: ______________________________________________ By: _______________________________________________________

919.99 PENALTY.

   If any person, firm or corporation shall violate or cause the violation of any of the provisions of this chapter, they shall be guilty of a separate offense for each and every separate day during which a violation is committed, continues or is permitted. Upon conviction of any such violation such person, firm or corporation shall be punished as a misdemeanor of the fourth degree for each such violation.

(Ord. 14-2002. Passed 1-8-02.)

APPENDIX A TRAFFIC CONTROL

   (a)   When it is necessary to obstruct traffic, a traffic control plan shall be submitted to the City prior to starting construction. No Permit will be issued until the plan is approved by the Service Director. No Permittee shall block access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless the Permittee provides the City with written verification of written notice delivered to the owner or occupant of the facility, equipment or property at least 48 hours in advance. If a street closing is desired, the applicant will request the assistance and obtain the approval of the Service Director. It shall be the responsibility of the Permittee to notify and coordinate all Work in the public way with police, fire, ambulance, other government entities, and transit organizations and to provide documentation of such to the Service Director prior to issuance of a Final Permit.

   (b)   When necessary for public safety, the Permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the Service Director.

   (c)   Unless approved by the Service Director, the Permittee shall not impede rush hour traffic on arterial or collector streets during the morning or evening rush hours. No construction shall be performed nor shall any traffic lane be closed to traffic during the hours of 7:00 a.m. to 9:00 a.m. or 3:00 p.m. to 6:00 p.m. without the approval of the Service Director.

   (d)   Traffic control devices, as defined by the Ohio Manual on Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices are to be supplied by the Permittee. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights.

   (e)   Oil flares or kerosene lanterns are not allowed as means of illumination. Nighttime work area flood lighting shall not be allowed to spill out of the construction area in such a way as to disturb, annoy, or endanger the comfort, health or peace of others.

   (f)   The Ohio Manual on Uniform Traffic Control Devices or any successor publication thereto shall be used as a guide for all maintenance and construction signing. The Permittee shall illustrate on the Permit the warning and control devices proposed for use. At the direction of the Service Director, such warning and control devices shall be modified.

   (g)   Maintenance and Construction Signing. The Contractor shall be responsible for maintaining all work area signing and barricading during construction operations as well as any signs and barricades that are needed to protect roadway users and pedestrians during non-work hours. During non-work hours, all construction work area signs that are not appropriate shall be removed, covered, or turned around so that they do not face traffic. Any deficiencies noted by the City shall be corrected immediately by the Contractor. If Contractor is not available or cannot be found, the City may make such corrections and the Contractor shall pay the actual costs plus a penalty of fifty percent (50%) of the amount thereof.

APPENDIX B GUIDELINES FOR CONSTRUCTION STANDARDS

   (a)   Right-of-Way Meetings. Permittee will make reasonable efforts to attend and participate in meetings of the City, of which the Permittee is made aware, regarding Right-of-Way issues that may impact its facilities, including, planning meetings to anticipate joint trenching and boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Permittee shall work with other providers, licensees, Permittees, and franchisees so as to reduce so far as possible the number of Right-of-Way cuts within the City and the amount of pedestrian and vehicular traffic that is obstructed or impeded.

   (b)   Minimal Interference. Work in the Right-of-Way, on other public property, near public property, or on or near private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Permittee's facilities shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other Facilities that are located or may have been laid in the rights of way by, or under, the City’s authority. The Permittee's Facilities shall be located, erected and maintained so as not to endanger or interfere with the lives of Persons, or to interfere with new improvements the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the rights of way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation or removal thereof, and shall not obstruct or impede traffic.

   (c)   Underground Construction and Use of Poles. 

      (1)    When required by general ordinances, resolutions, regulations or rules of the City or applicable State or federal law, Permittee's Facilities shall be placed or relocated underground at no cost to the City. Placing Facilities underground does not preclude the use of essential ground-mounted appurtenances.

      (2)   Where all Facilities are installed underground at the time of Permittee’s construction, or when all such Facilities are subsequently placed underground, all Permittee Facilities shall also be placed underground at no expense to the City unless funding is generally available for such relocation to all users of the rights of way. Related equipment, such as pedestals, must be placed in accordance with the City’s applicable code requirements and rules. In areas where existing Facilities are aerial, the Permittee may install aerial Facilities.

      (3)   For above ground Facilities, the Permittee shall utilize existing poles and conduit wherever possible. No Permit shall be issued for the construction of new poles or towers in the Rights-of-way without the determination of the Service Director that existing facilities are not available or suitable for the applicants needs and that the proposed new above ground structures are compatible with the immediate area.

      (4)   Should the City desire to place its own Facilities in trenches or bores opened by the Permittee, the Permittee shall cooperate with the City in any construction by the Permittee that involves trenching or boring, provided that the City has first notified the Permittee in some manner that it is interested in sharing the trenches or bores in the area where the Permittee's construction is occurring. The Permittee shall allow the City to place its Facilities in the Permittee's trenches and bores, provided the City incurs any incremental increase in cost of the trenching and boring. Should the City desire to install Ducts or Conduit for the possible use of other entities, then the Permittee shall allow the City to place these Facilities in the Permittee’s trenches and bores, provided the City shares proportionally in the cost of trenching and boring. The City shall be responsible for maintaining its respective Facilities buried in the Permittee's trenches and bores under this paragraph.

   (d)   Use of Conduits by the City. Unless otherwise restricted by tariff, the City may install or affix and maintain its own Facilities for City purposes in or upon any and all of Permittee’s ducts, conduits or equipment in the rights of way and other public places, at a charge to be negotiated between the parties (but in no event greater than the best price charged by Permittee to any other user), to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For the purposes of this subsection, "City purposes" includes, but is not limited to, the use of the structures and installations for City fire, police, traffic, water, telephone, and/or signal systems.

CONSTRUCTION AND RESTORATION STANDARDS

FOR NEWLY CONSTRUCTED OR OVERLAYED STREETS

No person shall cause an open trench excavation or potholing of utilities in the pavement of any Public Right-of-Way for a period of three years from the completion of construction or resurfacing of the street except in compliance with the provisions of this Section.

   (a)   Application. Any application for a Permit to excavate in a Public Right-of-Way subject to the requirements of this section shall contain the following information:

      (1)   A detailed and dimensional engineering plan that identifies and accurately represents the City rights of way or property that will be impacted by the proposed excavation, as well as adjacent streets, and the method of construction.

      (2)   The street width or alley width including curb and gutter over the total length of each City block that will be impacted by the proposed excavation.

      (3)   The location, width, length, and depth of the proposed excavation.

      (4)   The total area of existing street or alley pavement in each individual City block that will be impacted by the proposed excavation.

      (5)   A written statement addressing the criteria for approval.

   (b)   Criteria for Approval. No Permit for excavation in the Right-of-Way of new streets shall be approved unless the Service Director finds that all of the following criteria have been met:

      (1)   Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts.

      (2)   Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable.

      (3)   The proposed excavation cannot reasonably be delayed until after the three- year deferment period has lapsed.

   (c)   Exemptions for Emergency Operations. Emergency maintenance operations shall be limited to circumstances involving the preservation of life, property, or the restoration of customer service. Persons with prior authorization from the City to perform emergency maintenance operations within the public rights of way, shall be exempted from this section. Any person commencing operations under the laws of this section shall submit detailed engineering plans, construction methods and remediation plans no later than three Working days after initiating the emergency maintenance operation.

   (d)   Exemptions for Non-Emergency Operations. A Permittee may apply to the Service Director for an exemption under this section when the construction is necessary in the public interest or to provide a public service. By way of example, but not by limitation, an exemption could be requested in order to provide services to a part of the City where no service would be available without construction. If a non-emergency exemption is granted to disturb a public way within the three (3) year period, the Service Director may, in his sole discretion, impose additional restoration requirements, including but not necessarily limited to, repaving of a larger area, such as an entire block in which the construction occurs.

   (e)   Construction and Restoration Standards for Newly Constructed or Overlaid Streets and Alleys. The streets shall be restored and repaired in accordance with design and construction standards adopted the City and guaranteed in accordance with Section 919.09 .

(Ord. 14-2002. Passed 1-8-02.)