903.02 APPLICATION AND ISSUANCE; SECURITY.
   Any person desiring to make any opening in any surface or pavement of any street, alley, sidewalk or public way of the City shall file with the City Engineer, on a blank provided therefor, an application for a permit, which application shall state the name of the applicant, the name of the street, the kind of pavement thereon, the purpose of the proposed opening and the exact size and location of the proposed opening, when, in the opinion of the City Engineer, such giving of such exact size and location is practicable. Before any permit can be issued in response to this application, ample security must be given to the City Auditor to insure the proper restoration and subsequent maintenance for a period of two years of the street pavement disturbed. Such security shall be furnished in one of the following ways:
   (a)   A cash deposit may be made with each application sufficient to cover the cost of restoration; or
   (b)   A general deposit may be made, to be replenished from time to time, and to constitute a running account against which permits may be issued. However, no permit shall be issued when the net unencumbered balance in the account becomes less than the estimated cost of the requisite restoration.
   In the case of City contracts involving the cutting of street pavements, permits may be issued without a cash deposit, but in such cases sufficient money to pay for the necessary street restoration shall be withheld from the contract moneys owing to the contractor until such street restoration is completed by the contractor to the satisfaction of the City Engineer, or until such contractor has paid to the City the requisite amount for the street restoration. The cost of restoring the street surface shall be determined according to the rules prescribed by the City Engineer, and may be estimated at a certain price per square foot for each kind of street pavement, or may be estimated by the actual cost of labor and material necessary to restore the pavement over the opening, plus a certain percentage for inspection and maintenance.
   Upon filing of the above application and the presentation of the evidence that sufficient security is on deposit to cover the estimated cost of restoring the street as above specified, the City Engineer may issue a permit to make the opening described in the application, such permit to state the name of the applicant, the name of the street, the kind of pavement thereon, the purpose of the proposed opening and the exact size and location of the proposed opening, when, in the opinion of the City Engineer, the giving of such size and location is practicable. Where, however, the nature of the proposed work is such as to require a series of openings close together, and where, in the opinion of the City Engineer, it is impossible or impracticable to determine in advance the exact size and location of the proposed openings, a permit may be issued to cover such series of openings for such length of street as may be deemed proper by the City Engineer. In such case, however, should any opening be made of greater size than can be repaved by the deposit on hand, and in case it is found that such opening has exceeded this size, the City Engineer shall immediately cause such work on such opening to cease until such deposit is increased.
   When any City department or division requires the installation of underground conduits or structures, it may obtain the necessary street opening permits without any cash deposit. The department or division shall be charged, however, for the necessary street restoration work, and the amount of the charge shall be paid out of the appropriation for the respective department or division. In such cases, the City Manager may, in his discretion direct the performance of the street restoration work to be done by the Department of Engineering without charging the department or division for whose purposes the work is done.
   No cash deposit shall be required from the County of Scioto or the State of Ohio for street opening permits. Where in any such case the work done inures greatly to the benefit of the City, the street restoration may, with the approval of the City Manager, be made at the cost of the City.
   (c)   Upon approval by the City Manager, a public utility company may annually sign a letter of agreement which states that restoration will be completed to the satisfaction of the City Engineering Department within the time specified on the street opening permit and to insure the subsequent maintenance of the street pavement disturbed for a period of two years.
      (Ord. 2016-43. Passed 6-27-16.)