(a) Application. Except as provided in division (d) of this section, “roadway” as used in this section shall mean “county road” as defined in Section 5535.01 of the Ohio Revised Code.
(b) Roadway Use, Repair and Maintenance Agreement When Required. Where, in the opinion of the County Engineer, a proposed activity will require frequent and sustained use of a roadway and/or bridge by commercial trucks and similar vehicles, regardless of whether the vehicles are overweight or oversized, the person or business entity which will be engaging in the activity shall execute, prior to using the roadway and/or bridge for the activity, a “Roadway Use, Repair and Maintenance Agreement” (the “Agreement”) with the County of Summit. The Agreement shall be in a form approved by the County Executive, County Engineer and County Prosecutor. The following activities shall require the execution of the Agreement:
(1) Oil and natural gas drilling;
(2) Mining;
(3) Gravel pits or yards;
(4) Trucking terminals or trucking transfer stations;
(5) Major earthmoving projects;
(6) Landfills;
(7) Wind farms;
(8) Any other activity that, in the opinion of the County Engineer, would require the County or township to incur additional costs to maintain a roadway as a result of the activity.
(c) Roadway Use, Repair and Maintenance Agreement; When Executed; Performance Assurance Bond. No person or business entity, or any employee, agent or representative of a person or business entity, shall engage in any activity set forth in divisions (b)(1) through (8) of this section, except where:
(1) The person or business entity has executed and delivered to the County, the Agreement; and
(2) The person or business entity has secured and delivered to the County a performance assurance bond in the amount of two hundred thousand dollars ($200,000) of surety coverage per mile of designated road and two hundred fifty thousand dollars ($250,000) of surety coverage per bridge as defined in the Agreement.
(d) Township Roads. This section shall apply to township roads, as defined by Section 5535.01 of the Ohio Revised Code, where a township’s trustees have requested that the County assume authority and control over the road for the purposes of issuance of a permit under this section and the trustees have executed the Agreement.
(Ord. 2012-195. Adopted 6-4-12.)