(a) Purpose and Intent; Definitions. The purpose and intent of this section is to manage the public ways with regard to other persons, and public service providers; and to conserve the limited physical capacity of the public ways held in trust by the City.
(1) "Excavation" or "excavate" means to dig into or in any way remove, physically disturb, or penetrate any part of the public way.
(2) "Other person" means and includes other governmental agencies, schools, institutions, companies, corporations, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and individuals, and includes their lessors, trustees and receivers.
(3) "Public way" means any highway, street, alley, improved or unimproved right-of-way, or easement owned or controlled by the City.
(4) "Service provider" means any entity which directly or indirectly, owns, controls, operates or manages plant, equipment or property within the City to be used for the purpose of offering service.
Nothing in this chapter shall be construed to apply the provisions of this chapter to facilities owned or operated by the City or any of its operations.
(b) Permit Requirements.
(1) No one shall make any excavation in any public way, or interfere with any public facilities, or perform any work within any public way, or perform work on any property adjacent to a public way which requires any activity on the public way without first obtaining a permit from the Director of Public Service. This includes the planting of trees, shrubs, bushes or hedges adjacent to public ways which have the ability to grow to a size where their branches or roots could interfere with the public way. As minimums, no bush or shrub shall be planted within 5 feet, or any tree within 10 feet of a public way unless done under the direction of the Director of Public Service.
(2) Adjacent property owners desiring to install water, sanitary, or storm laterals, driveways, aprons, curb cuts, sidewalks, plantings, or any other permanent or semi-permanent facilities shall apply for a standard roadway work permit. The permit application shall include a drawing which accurately shows the proposed facilities.
(3) Service providers shall provide the following items in order to be given consideration for a permit:
A. A map prepared by an Ohio licensed professional engineer which accurately shows the proposed work and all existing facilities adjacent to the work regardless of their ownership.
B. Detailed information regarding how and when any facilities which are being abandoned as a result of this work will be removed.
C. A completed application including any necessary bonds, insurance certificates and deposits as listed below.
(c) General Regulations.
(1) No permit granted shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways for delivery of services or any other purpose.
(2) No permit granted shall convey any right, title, or interest in the public ways, but shall be deemed a permit only to use and occupy the public ways for the limited purposes stated in the permit. Further, no permit shall be construed as any warranty of title.
(3) No permit holder or any of their agents shall take any action or permit any action to be done which may impair or damage any City property, public ways, or other adjacent property.
(4) Emergency repair work may be initiated provided that the permit holder notifies the City as soon as possible and applies for a permit no later than 9:00 a.m. on the next following working day.
(5) Each permit holder shall maintain its facilities in good and safe condition and in a manner which complies with all applicable Federal, State and local requirements.
(6) Within thirty days following written notice from the City, the permit holder, at its own expense, shall temporarily or permanently remove, relocate, change or alter the position of any facilities within the public ways whenever the City shall have determined that such work is reasonably necessary for the construction of public facilities or operations of the City or other governmental entity located within the public ways. After the thirty days have expired, the City may remove the facilities at the permit holder's expense.
(7) The City retains the right and privilege to cut or move any facilities, or stop work on any construction, reconstruction, installation, operation or excavation when deemed to be necessary, appropriate or useful in protecting the public health, safety, or welfare.
(8) Unless directly and proximately caused by the willful, intentional or malicious acts of the City, the City shall not be liable for any damage to or loss of any facility within the public ways as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the public ways by or on behalf of the City.
(9) No delay shall be permitted between the construction of the facilities and the restoration work. If weather or other conditions do not permit complete restoration, then temporary restoration shall be completed and maintained in accordance with City standards until the earliest period when conditions allow the final restoration.
(10) Each service provider shall provide the City with an accurate map or maps on a medium and in a format compatible with the City's computer system, both hardware and software, and certifying the location of all of their facilities, both active and abandoned within the public ways. Such digital information shall be provided upon completion of each project.
(11) Service providers, as a condition of their permits, shall provide liability insurance policies insuring both the permit holder and the City, and its elected and appointed officers, officials, agents and employees as additional insureds. Such policies shall be in a form as approved by the Law Director, and in an amount as approved by the Finance Director.
(d) Financial Requirements. The City reserves the right to evaluate the financial and other resources of any service provider and when necessary to require a performance bond to cover the full amount of the cost to construct and maintain a facility. The bond shall be in an amount as recommended by the City Engineer, and shall guarantee to the satisfaction of the City:
(1) Timely completion of construction;
(2) Compliance with plans, permits, codes and standards;
(3) Proper location of facilities as specified by the City;
(4) Restoration of the public ways and other affected property;
(5) Submission of record drawings in written and digital format; and
(6) Satisfaction of all claims, demands or liens for labor, material and services provided in connection with the work.
(e) Revocation of Permits.
(1) Permits may be revoked for any of the following reasons:
A. Work done without a permit.
B. Work at an unauthorized location.
C. Work done in violation of City safety or construction requirements.
D. Unauthorized substantial transfer of control of the permit holder.
E. Misrepresentation or lack of candor by or on behalf of a permit holder.
F. Abandonment of facilities in the public ways.
G. Failure to relocate or remove facilities or to restore public ways.
H. Failure to pay taxes, compensation, fees or costs when and as due the City.
I. Insolvency or bankruptcy of the permit holder.
J. Violation of material provisions of this chapter.
(2) In the event the Director of Public Service determines that grounds exist for the revocation of the permit of a service provider, the permit holder shall be given written notice with a short and concise statement of the nature and general facts of the violation, and a period not exceeding 30 days to provide an adequate rebuttal to the notice. If the rebuttal is not satisfactory to the Director of Public Service, then the matter shall be referred to the Utilities Committee of City Council which shall provide notice and a reasonable opportunity to be heard regarding the matter.
(f) Construction Standards.
(1) All requests for a permit shall be made with the current version of the standard application as used by the Ravenna Engineering Department.
(2) Permit applications from service providers shall be accompanied by the certification of a State of Ohio registered professional engineer that the drawings, plans and specifications submitted with the application comply with the applicable technical codes, rules and regulations.
(3) All permit applications shall include a traffic control plan which is in conformance with the ODOT Uniform Manual of Traffic Control Devices.
(4) All permit applications shall include a construction schedule. The City Engineer and Ohio Utilities Protection Service (OUPS) shall be notified at least 48 hours prior to any work being done.
(5) A copy of the permit shall be available at the job site and shown to any City official, agent or employee upon request.
(6) Facilities shall be located and staked by an Ohio registered professional land surveyor. Any facilities not properly located shall be removed and reinstalled at the permit holder's expense.
(7) All work done under the permit, including restoration, shall be completed in accordance with the schedule and the time period allowed by the permit.
(8) Within sixty days of the completion of the work, the permit holder shall submit record drawings certifying the location of the constructed facilities and any other underground facilities encountered during construction, whether owned by the permit holder or others. Such drawings shall be in a digital format which is compatible with the City's computer hardware and software.
(9) All public and private property damaged or removed during construction shall be replaced or restored as nearly as may be practicable to the condition existing prior to the performance of the work.
(g) Fees and Compensation.
(1) It is the purpose of this section to provide for the payment and recovery of all direct and indirect costs and expenses of the City related to the enforcement and administration of this chapter. Rates necessary to cover these costs shall be established and reviewed on a regular basis by the Director of Public Service.
(2) Applicants shall pay a fee for plan review which is adequate to cover the City's costs for review and issuance of the permit.
(3) As a condition for issuance of the permit, the applicant shall submit a deposit to cover the costs of inspection, inspection oversight and administration of the work, computed by the City Engineer based on the construction schedule which was submitted. If, in the opinion of the City, the deposit will not be sufficient, the City will notify the permit holder that additional funds will be required. If additional funds are not forthcoming in a timely manner, the City may suspend all work under the permit until such additional funds have been deposited. The amount of construction oversight required is in the sole discretion of the City.
(h) Penalties and Remedies.
(1) Anyone found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offence shall be deemed committed each day during or on which a violation occurs or continues.
(2) Nothing in this chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this chapter.
(Ord. 2016-017. Passed 2-1-16.)
(Ord. 2016-017. Passed 2-1-16.)