Chapter 901: Street Openings and Excavations

Sections

• 901.01   Permit required
• 901.02   Prerequisites for permit
• 901.03   Rules and regulations
• 901.99   Penalty

Cross references

• Establishment and care of streets - see Ohio R.C. 715.19, 717.01, 723.01
• Openings by the Municipality - see Ohio R.C. 723.02
• Excavation liability - see Ohio R.C. 723.49
• Street obstructions and special uses - see TRAF. Ch. 311
• Driving on street while closed for repair - see TRAF. 331.26
• Abandoned excavations - see GEN. OFF. 521.03
• Misdemeanor provisions relating to streets and sidewalks - see GEN. OFF Ch. 543
• Bond of private builder against damage or nuisance to street - see BLDG. 1307.03
• Filling street excavations and restoring street area upon revocation of building permit - see BLDG 1307.09
• Protection of work by signs and barriers - see BLDG. 1335.07

901.01   Permit required

No person, except a contractor performing Village work on a regularly awarded Village contract, shall excavate within or bore or tunnel through, along or across the limits of any street, alley or public grounds in or owned by the Village, for the purpose of installing sewer, water or gas lines, telephone or power conduits or cables, or any other structure, without first having obtained a permit for such work from the Village.
(Ord. 1985-8. Passed 2-25-85.)

901.02   Prerequisites for permit

Prior to obtaining such permit, the person shall furnish the Village with the following:

1. (a) A plan and general specifications showing the proposed location, extent and nature of the work contemplated.

2. (b) Indemnity insurance saving the Village harmless from any damage to persons or property arising from such work, and naming the Village as additional insured in an amount approved by the Law Director.

3. (c) A bond guaranteeing that the work shall be done to the full satisfaction of the Village represented by the Chief Administrative Officer or his agent, or the Village Engineer, and that the area affected by the work shall be restored to equal or better than its original condition and such condition maintained, at the cost of the permit holder, for a period of one year after the completion of the work, provided, however, that such bond may be released at an earlier period if, in the opinion of the Chief Administrative Officer, such release is warranted. The amount of such bond shall be commensurate with the extent of the work and shall be determined by the Chief Administrative Officer or his agent, but in no case shall the amount of such bond be less than five hundred dollars ($500.00) for any one project.

4. (d) Parties who, because of their operations, find it necessary to enter Village streets, alleys or public grounds for construction purposes for recurring maintenance shall be permitted to furnish a blanket bond with the same conditions as set forth above. The amount of such bond shall be determined by the Chief Administrative Officer and the Village Engineer, but in no event shall it be less than five thousand dollars ($5,000) provided that any project of an extensive nature shall be covered by a specific bond, subject to the discretion and approval of the Chief Administrative Officer as to amount and conditions.

5. (e) The applicant shall cause a record, by video taping, of the area to be excavated, to be provided prior to excavation depicting landscaping, landscape features, sidewalks, curbing, driveways, aprons, fences, walls or drainage ways. Such pre-excavation record shall be recorded on video taping, or other photo recording with the approval of the Chief Administrative Officer, and submitted to the Chief Administrative Officer.

   1. (1) In the event the Chief Administrative Officer deems the project of a minor nature, the prerecording above can be waived or in the alternative, a substitute record of conditions prior to excavation may be submitted by the applicant.

   2. (2) In the event the applicant fails to make such record of the conditions prior to construction, the Chief Administrative Officer is directed to cause such record to be made and the cost for such record to be assessed to the applicant in addition to any bonds or fees otherwise provided in these Codified Ordinances.
      (Ord. 1985-8. Passed 2-25-85.)

901.03   Rules and regulations

The following rules and regulations shall govern the excavation of streets in the Village:

1. (a) Special care shall be taken to reference all Village, Federal, State, County or private property monuments encountered in the line of the work so that such monuments, if disturbed, shall be correctly replaced upon completion of construction.

2. (b) No work shall be performed by the permit holder or his agents nor shall any excavation be backfilled, covered or filled except in the presence of an authorized Village inspector. The cost of such inspection shall be borne by the permit holder.

3. (c) Any Village-owned facility, such as sewers, water lines or any other facilities or structures that are encountered during the work of construction, shall be carefully protected, at the cost of the permit holder, to prevent damages.

4. (d) Should it become necessary to remove and replace or relocate such Village facilities, the work shall be done at the expense of the permit holder in accordance with specific plans and specifications presented by the permit holder and approved by the Village Engineer and the Chief Administrative Officer or his agent.

5. (e) Privately owned facilities encountered in the work shall be protected, removed, replaced or relocated by agreement between the owner of such facilities and the permit holder, at no expense to the Village.
   (Ord. 1985-8. Passed 2-25-85.)

6. (f) When the material excavated from a trench is suitable for backfill, in the opinion of the Chief Administrative Officer, the Village Engineer or the Street Superintendent, it may be used for that purpose. Otherwise, the excavated material shall be removed from the site of the work and replaced with premium backfill or other material approved by the Village.
   (Ord. 2008-65. Passed 12-8-08.)

7. (g) Where a trench passes through a regularly maintained lawn, the backfill material shall be thoroughly compacted in lifts not to exceed eight inches to minimize settlement and the top portion brought to the grade of the existing lawn, after not less than three inches of topsoil, free of stones or other foreign material, has been applied, raked, rolled and seeded so that the finished area will be equal to the original lawn removed. In lieu of the foregoing, the original sod may be carefully removed and stockpiled and after the trench backfill is compacted, the sod may be replaced with topsoil to be placed under sod, then seed added if necessary, and rolled so that the lawn, as disturbed, shall be equal to the original. At its option, the Village may require sod instead of seeding with the permitter responsible for watering with a frequency to insure healthy growth.

8. (h) Where the trench lies within driveway, parking or other areas subject to traffic, the backfill material shall be premium backfill or other suitable material, mechanically tamped, in not more than eight-inch layers, for the full depth of the trench. The material removed from the surface of such areas shall be replaced in kind and thoroughly compacted.

9. (i) When the trench passes longitudinally or transversely through an asphaltic-type brick or concrete pavement, the backfill material shall be premium backfill or other suitable material, mechanically tamped, for the full depth of the trench, in layers not more than six inches thick.

10. (j) Under certain conditions as determined by the Village Engineer or Superintendent of Streets, bar reinforcement over the trench may be required in the base of brick pavements and in the upper third of concrete pavements.

11. (k) The surface course for any asphaltic-type, brick or concrete pavement removed during the construction of the project shall be replaced in kind (as per Exhibit A, B and C) at the direction of the Chief Administrative Officer, Village Engineer or Street Superintendent.

12. (l) Pipes, conduits or other facilities may be installed under roadways by jacking, boring or tunneling. In the event any of these three methods is to be used, the applicant for the crossing shall file with the Village a plan showing how the work is to be done with particular reference to the manner in which backfill is to be placed around the carrying pipe or conduit or around an encasing pipe or structure. No work shall be done until such plan is approved by the Village Engineer.

13. (m) Every excavation or trench within any portion of the public right of way, whether a roadway, tree lawn or sidewalk area and irrespective of the type of material with which such excavation or trench is backfilled, shall be filled or backfilled by mechanical tamping of the backfill or fill material. Any mechanical tamping equipment used shall be of a type approved by the Village Engineer.

14. (n) All vehicles used by the contractor doing work in Village rights of way or on Village property shall be clearly identified by signs showing the company name on each side of the truck. The signs shall be of sufficient size to permit easy reading by both pedestrian and passing motorist.

15. (o) Charges. The costs incurred by the Village for any street repair made by the Village for work the permittee failed to perform or properly perform shall be deducted from the bond on deposit with the Finance Director. The Chief Administrative Officer shall notify the permittee that defective workmanship by the permittee has caused the Village to make the specified repairs and the cost thereof has been deducted from the bond posted by the permitter. The Chief Administrative Officer shall notify the permittee of the additional amount that must be deposited with the Village to maintain the bond in the full amount. Complete compliance with the bond deposit requirement set forth herein is a condition precedent to the issuance of either the initial or a subsequent street opening or excavation permit.

16. (p) Village’s Right to Restore Surface. If the permittee has failed to restore the surface of the work area to its original and proper condition upon the expiration of the time fixed by the Village or otherwise has failed to complete the excavation work covered by such permit, the Chief Administrative Officer or his agent, if he deems it advisable, shall have the right to have all work done and things necessary to restore the work area and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty-five percent (25%) of such cost in addition for general overhead and administrative expenses. The Village shall have a cause of action for all fees, expenses and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as herein provided and the Village shall also enforce its rights under the permittee’s surety bond provided pursuant to this chapter.

17. (q) Trees; Backfills. In the making of any such excavation or opening, all work in connection therewith shall be done in such a manner as not to injure or destroy the roots, trunk or branches of any tree and all directions given by the Superintendent of Streets as to the manner of performing such work, in order to avoid such injury or destruction, shall be fully and completely complied with.

18. (r) All traffic control and traffic control devices shall be the responsibility of the permit holder with written approval of the Police Chief.

19. (s) At the discretion of the Chief of Police, police officers shall be provided at the expense of the permittee. Unless an emergency arises, the Chief of Police shall be notified forty-eight hours in advance of need of traffic control or traffic interruption.

20. (t) At the discretion of the Chief Administrative Officer, a preconstruction meeting shall be held at least one week prior to start of any work.
    (Ord. 1985-8. Passed 2-25-85.)

21. (u) Underground residential electrical service lines shall not be permitted to be placed underground in any public utility easement, public street or other public right of way, other than as approved in a platted subdivision, and in no event shall any person be permitted to place residential electrical service lines in any underground location which traverses Village sewer or water lines.
    (Ord. 2006-69. Passed 11-27-06.)

901.99   Penalty

Whoever violates any provision of this chapter is guilty of a misdemeanor of the third degree. Each day’s violation shall constitute a separate offense.
(Ord. 1985-8. Passed 2-25-85.)

Exhibit A

Exhibit B

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Exhibit C

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