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(a) "Sub-space" means any and all space or excavation under, into or through the pavement or surface of any Streets in the City, except vaults, manholes, and other service appurtenances which are constructed by or for utility companies, and used exclusively by such utility companies, in the rendering of public utility service under the authority from the City or, if applicable, the State of Ohio.
(b) "Director" means the Director of Public Utilities of the City.
(c) "Commissioner" means the Commissioner of the Division of Engineering Services in the Department of Public Utilities.
(d) "Owner" means the person or those persons owning the fee of any land or premises adjoining any Sub-space and shall also include any lessee or lessees of land who are authorized by the terms of a lease to erect any structure on land not owned by such lessee or lessees and, respectively, their successors in interest or title.
(e) "Street" means all parts of any street, alley or public right-of-way over or upon which the public has the right to pass or travel.
(f) "Person" means an individual person or business entity.
(g) "Sub-space Occupancy Permit" means the annual permit required to use and/or occupy the sub-space.
(h) "Construction" means the re-construction, removal, modification, repair or abandonment of existing sub-space; however, no new construction is permitted.
(i) "Construction Permit" means the permit required to construct the sub-space.
(Ord. 339-12. Passed 7-17-12.)
No sub-space shall be used and/or occupied by any person in the City until and unless a Sub-space Occupancy Permit has first been obtained as hereinafter set forth. The fee for such Sub-space Occupancy Permit shall be as determined by the Director.
(Ord. 339-12. Passed 7-17-12.)
(a) Within the City no person shall Construct any sub-space which does not comply with the provisions of this chapter or the Commissioner's directives. Provided, however, that where sub-space was in use under a permit issued under Ordinance 124-44, and in the opinion of the Commissioner, such sub-space is secure and safe or can be made secure and safe without strict compliance with the provisions of this chapter, the Commissioner may by written order specify the necessary changes in the construction of such sub-space, if such changes be deemed necessary, and when such Sub-space is found to comply with such order or orders, or with the provisions of this chapter, the Commissioner may issue a certificate of such compliance to the owner and also issue a Sub-space Occupancy Permit for the use of such sub-space; but in the event of any subsequent substantial alteration in connection with any such sub-space, the same must be made to comply with the provisions of this chapter, including, without limitation, a Construction Permit.
(b) The re-construction requirements for such sub-space shall be as follows:
(1) All sub-space shall have all of its structural and enclosing parts constructed of reinforced or plain concrete, masonry, steel or any combination thereof and shall be sufficiently substantial according to recognized engineering practices to provide for:
A. Proper support of all superimposed loads, both live and dead, which may be reasonably anticipated to be thereafter applied; and
B. Adequate resistance to any and all horizontal stresses; and
C. Security against settlement, deterioration or any other type of detrimental change.
(2) The surface portions over sub-space structures which are below paved streets shall be constructed in the same manner and to the same standards as govern the installation of the other paved surfaces of such facilities.
(3) No openings from the surface into such sub-space shall be permitted, except in sidewalk areas; and all such openings shall be covered with steel, iron or reinforced concrete coverings of sufficient structural strength to support the same loadings as are required for the sidewalk area, and shall be level with the surrounding surface of the sidewalk, and of such design or type as will permit no hazard to pedestrian traffic. Such openings, other than manholes of twenty-four inches (24") or smaller diameter, shall also be equipped with suitable metal or other substantial type of guard rail which will enclose the open area when the cover is removed for any purpose, and which such guard rails shall be removed or will disappear when the cover is restored to a closed position.
(4) No sub-space shall be constructed within any part of a Street intersection or closer to any improved street curb line than four feet (4') back there from.
(5) No part of the structure of sub-space shall be permitted to serve as a street curbing, nor shall any portion thereof protrude above the established grade for that part of the street below which it lies, except the abovementioned guard rails when enclosing a surface opening.
(6) The adequacy of the design of the sub-space structures for the exact location at which they are to be constructed shall be determined by the Commissioner and a certificate of such adequacy shall be filed in the office of the Commissioner and kept with the records pertaining to each sub-space.
(Ord. 339-12. Passed 7-17-12.)
New applications for permit to newly construct sub-space will no longer be accepted by the City.
Application for a Construction Permit must be made by the owner to the Commissioner upon such forms as shall be prepared therefor. Such application must be accompanied by:
(a) A detailed plan of the existing sub-space, setting forth in detail the walls thereof, the supports of the street pavement, or surface over the same, and such other details as are necessary to acquaint the Commissioner with the full details of the proposed re-construction, removal, modification, repair or abandonment of the sub-space.
(b) An agreement containing terms and conditions as required by the Commissioner and Director of Law executed by the owner, which shall run with the land (at the owner's expense) and be binding on all Persons having any interest in the real estate concerned. Such agreement in substance shall include, without limitation, that the owner will maintain the surface of the public way above the sub-space in a safe and substantial condition, will comply with all ordinances and rules with reference thereto; that upon revocation of the Construction Permit or Sub-space Occupancy Permit or upon demolition of the structure on the premises adjoining the sub-space, such sub-space will be completely filled and the surface of the pavement restored within thirty (30) days from such revocation or demolition; that they will indemnify the City, its officers, agents and employees and any and all other Persons of and from any and all damages by reason of the failure on the part of the Owner to comply with the provisions of this chapter, and that upon failure so to do any cost or expense incurred by the City in connection therewith shall become a lien upon the specific premises. Such agreement shall provide that the Owner shall reimburse the City any additional expense incurred by the City in the installation, removal or relocation of municipally-owned public utilities, police and fire alarm systems and traffic control system, necessitated by the existence and use of such sub-space.
(c) Satisfactory evidence of the title or interest of the Owner, which such evidence shall show all Persons having any interest in such real estate.
(d) A public liability insurance policy issued by a solvent insurance company , making the City a coassured therein, or bond to the City with sureties satisfactory to the City, in an amount determined by the Director and indemnifying and holding harmless the City, its officers, agents and employees from any and all damages or claims arising from or growing out of the construction, use or maintenance of such sub-space and of the pavement of the Street over the same.
(e) The fee hereinafter specified for the issuance of the Construction Permit, the Sub-space Occupancy Permit fee, and the fee for recording the agreement mentioned in subsection (b) hereof.
(Ord. 339-12. Passed 7-17-12.)
Subject to Section 913.09 of the Municipal Code, the Commissioner shall cause such inspection of the sub-space to be made as shall be necessary to see that the same was constructed in accordance with the plans submitted therefor. The Sub-space Occupancy Permit shall be subject to revocation as hereinafter set forth and until revoked shall authorize the owner to use such sub-space as approved by the Commissioner, providing such sub- space shall be maintained by the owner as required by this chapter and by the Commissioner and, further, that the owner shall observe all of the terms and conditions of this chapter, and shall further obligate the Owner to pay the annual Sub-space Occupancy Permit fees which are hereinafter provided until such sub-space shall have been filled and the surface of the street above the same restored and as required by this chapter.
(Ord. 339-12. Passed 7-17-12.)
(a) The fee for the Construction Permit of the Municipal Code shall be determined by the Director. The size of sub-space, the dimensions of the walls, partitions and supports shall be included as a part of the space occupied by such sub-space.
(b) No person shall construct sub-space, abandon sub-space, or perform any sidewalk repair (in accordance with Chapters 1305 and 911 of the Municipal Code) on any sub-space in the City until and unless a Construction Permit shall have first been obtained as set forth herein; nor shall any person in the City excavate for, or re-construct, erect or install any wall, ceiling, arch, support or other work under any street without first obtaining a permit in accordance with Chapter 1305 of the Municipal Code therefor from the Department of Inspection.
(Ord. 339-12. Passed 7-17-12.)
All outstanding permits validly issued under Ordinance 124-44 and prior to the effective date of this ordinance are continued in effect for the term for which they were issued, and shall be subject to the provisions of this chapter, including, without limitation, renewal and revocation.
(Ord. 339-12. Passed 7-17-12.)
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