153.03 PUBLIC PROPERTY CONSTRUCTION PERMIT; INSPECTION SERVICES DEPOSIT.

   (a)   This Section is intended to protect the City's infrastructure located on, in and under Public Property, as defined in this Chapter, and including the City's public rights-of-way, from damage, to protect public and private facilities located in the rights-of-way, and to protect the public health, safety and welfare.

   (b)   This Section applies to all work planned to be and all work being conducted in, on, over, and under Public Property in the City, except work specifically excepted in this Section. The work to which this Section applies includes construction work to install, repair, replace or remove any public or private facility or infrastructure, if such work includes:

      (1)   Physically disturbing any ground, surface, pavement, landscaping, body of water or waterway, or other existing infrastructure and/or facilities located in, on, over, or under Public Property; or

      (2)   Physically obstructing vehicular, bicycle, pedestrian or any other access to or passage on or along any part of Public Property.

   (c)   This Section shall not apply to work that is:

      (1)   Work conducted by the City or pursuant to a contract with the City;

      (2)   Emergency work required to immediately protect life and safety, or to restore public utility services; or

      (3)   Routine Maintenance, which means the repair, upkeep, replacement or restoration of existing facilities, including public utility and wireless facilities, located in, on, over, or under Public Property that requires no more than three (3) working days to complete. This exception shall include Routine Maintenance as defined in Ohio Revised Code Chapter 4939.

   (d)   Public Property Work. No person or entity shall commence or continue any work covered by this Section in, on, over, or under Public Property without:

      (1)   Obtaining a Public Property Construction Permit ("Construction Permit") pursuant to this Section,

      (2)   Obtaining any other permits and approvals required by the City's Building Code or any other ordinances of the City,

      (3)   Complying with Section 153.02(a)(1) and (2), and

      (4)   Depositing sufficient funds, as set forth in the Construction Permit, for the purpose of paying for inspection services.

   Work that includes the permanent installation of new facilities may require additional City review and approvals, to the extent the City's right to approve such facilities is not prohibited by Ohio law. The City shall approve or disapprove any such new facilities within sixty (60) days after receipt of a written request for approval of such facilities.

   (e)   Construction Permit.

      (1)   A Construction Permit is required for work covered, and not specifically excepted, by this Section.

      (2)   No contractor shall be issued a permit unless the contractor is registered with the City pursuant to Chapter 547 of the Business Regulation Code of the City.

      (3)   An application for a Construction Permit shall be submitted upon forms provided by the City along with a fee of $100.00, and the information required by the application form. The form shall, if applicable, be accompanied by drawings, plans and specifications, and a preliminary construction schedule. All proposed work shall comply with all applicable codes, rules and regulations. For work that impacts landscaped areas, the application shall include a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas disturbed during the work. The City may require a Traffic Control Plan if any street, driveways, or other vehicle access routes will be impacted by the work.

      (4)   A Construction Permit shall be issued by the City within ten (10) business days after submission of all plans and documents reasonably required of the applicant, if the applicant has paid a fee of $100.00 for the Permit, and if the Director of Public Works is satisfied that the application complies with all requirements of this Chapter. Such Permit shall include reasonable terms and conditions.

   (f)   Inspection Services.   The Director of Public Works may require, as a condition of the Construction Permit, that the applicant deposit funds sufficient, in the reasonable determination of said Director, for the City to either employee in-house inspection services or hire a professional construction inspection firm. Said firm shall inspect the work performed by or on behalf of the applicant for the Construction Permit to ensure compliance with all applicable laws and regulations, the terms and conditions of the Construction Permit, and the terms and conditions of all other permits required for the work by the City. Such inspection services shall be in addition to any inspections conducted by inspectors for the Departments of Public Works and Building and Housing. Any part of the deposit remaining after the completion of the work and compliance with the permit shall be refunded to the applicant. If the deposit required is insufficient to cover the expense of inspection services, the applicant shall pay an additional amount as directed by the Director. (Ord. 17-82. Enacted 9-25-17.)