CHAPTER 909
Excavations

909.01   Right of way excavation permit required.

909.02   Permit fees.

909.03   Long line permit; fees.

909.04   Restoration of openings; fees.

909.05   Openings in new pavements.

909.06   Field inspection.

909.07   Emergency openings.

909.08   Liability.

909.09   Disposition of excavated materials.

909.99   Penalty.

CROSS REFERENCES

Liability for damage - see Ohio R.C. 723.49 et seq.

Barricades and warning lights - see GEN. OFF. 521.03

Sewer connections - see S.U. & P.S. 931.04

909.01 RIGHT OF WAY EXCAVATION PERMIT REQUIRED.

   A right of way excavation permit issued by the Engineering Commissioner shall be required of all firms, corporations, companies or individuals prior to any excavation being performed in a street, alley or other public right of way in the City, whether in the paved portion of the right of way or not, for the purpose of maintaining, replacing, constructing, repair or rehabilitation of all underground lines, conduits, mains, structures, manholes, hand holes, lamp holes or other major subsurface installations, except work which is being done and paid for as a part of a construction contract with the City.

   All street opening permits shall be obtained at least forty-eight hours prior to the beginning of the work unless work is of an emergency nature where special permission may be given by the Engineering Commissioner. Street opening permits shall be valid for the time limit shown on the permit. If the entity performing the right of way excavation fails to complete satisfactory restoration of the area within 30 days of the expiration of the right of way excavation permit they will be subject to a fifty dollars ($50.00) per day penalty.

(Ord. 10-333. Passed 10-20-10.)

909.02 PERMIT FEES.

   Fees for right of way excavation permits shall be paid, upon application, to the City Finance Director in accordance with the following schedule:

 

	Per Opening
(a)    Limited Access Expressways	$500.00
(b)    Major Streets	$100.00
(c)    Secondary Major Streets	$50.00
(d)    Central Business District Streets	$100.00
(e)    Residential Streets and All Others	$25.00

   Limited access expressways, major streets and secondary major streets shall be as outlined in the "Street Classification Plan for the City of Youngstown" available from the Engineering Division. Central Business District streets shall be those streets bounded by Rayen Avenue, Front Street, Belmont Avenue and Andrew Avenue, including these boundary streets.

(Ord. 10-333. Passed 10-20-10.)

909.03 LONG LINE PERMIT; FEES.

   A long line permit shall be issued by the Engineering Commissioner to cover work considered to be of a continuous nature over a relatively long length of right of way, specifically in the case of the installation of new lines, piping or conduits or the replacement of lines, piping or conduits where the length of the work exceeds 50 linear feet. Fees for a long line permit shall be paid, upon application, to the City Finance Director in accordance with the following schedule:

 

 

	Long Line Permit Fees Per Opening
(a)    Limited Access Expressways	$1,000.00*
(b)    Major Streets	$200.00*
(c)    Secondary Major Streets	$100.00*
(d)    Central Business District Streets	$200.00*
(e)    Residential Streets and All Others	$50.00*

*   Plus $10.00 for every 100 foot section after the initial 50 feet covered by the base permit fee.

   Inspection charges shall be due and payable upon invoice by the Engineering Commissioner and shall be kept current. Failure to maintain a current account will be just cause for the refusal of all future permits of any type. Detailed plans governing long line work shall be submitted at least ten days prior to permit application for approval by the Engineering Commissioner. No permit governing this work will be issued prior to approval of detailed plans. Plan approval includes location of work, methods of construction, types of materials, pedestrian and vehicular traffic controls, types of pavement restoration, lawn restoration, time limits and any other requirement deemed necessary to insure the public health, safety and welfare.

(Ord. 10-333. Passed 10-20-10.)

909.04 RESTORATION OF OPENINGS; FEES.

   (a)    Restoration of all openings in pavement areas shall be performed by the applicant. All restoration, whether in paved areas or unpaved areas, and whether they are in street-opening-permit areas or long line permit areas, shall be in accordance with the standard drawings, on file with the Engineering Commissioner, deemed applicable to the condition. The City shall reserve the right to repair or replace any restored area which is not deemed acceptable by the Engineering Commissioner and assess all costs including fifteen percent (15%) for handling to the applicant.

   (b)    When restorations are made by the City, the applicant shall be assessed the actual cost of the restoration, including all labor, material and equipment costs including a handling charge of fifteen percent (15%). Payment for restoration charges shall be kept current or existing or future permits may be revoked or denied. In the event that a restoration being performed by the applicant is not proceeding satisfactorily, the Engineering Commissioner may order the work performed by City forces with charges assessed as described in this section. A penalty of five dollars ($5.00) a day shall be assessed for each day beyond the permitted amount that street openings are not available for restoration by the Street Department.

(Ord. 10-333. Passed 10-20-10.)