REQUIREMENTS & ACKNOWLEDGMENTS
902.01 PERMIT REQUIRED TO OPEN STREET/SIDEWALK.
No person, firm, or corporation other than the Village Administrator or the authorized employees or agents of the Village Administrator, may make any opening in any street, alley, sidewalk, or public way of the municipality, unless a permit to make such opening shall have been obtained prior to commencement of the work, as herein provided
902.02 APPLICATION AND FEE.
Each permit for making such opening shall be confined to a single project and shall be issued by the Village Administrator. Application shall be made on a form prescribed by the Village Administrator giving the purpose of the proposed opening, the exact location of the proposed opening, the type of paving to be excavated, the area and depth to be excavated and such other facts as may be requested by the Village Administrator in the application.
A fee as adopted by the Village Administrator and approved by the Village Engineer ($250.00) to recover the cost to administer this program, shall be collected by the Village Administrator before issuing such permit. Such application fee shall be paid into the General Fund of the Municipality.
By applying for, accepting and signing the application, the applicant shall attest that they have read and understand (1) the regulations set forth herein, including the requirements to restore the street or sidewalk excavation, (2) all required by public safety practices with regard to construction related excavations and trench safety, (3) the Federal safety standards promulgated by the Occupational Safety and Health Administration for excavation, and (4) any other requirements established by the Village Engineer for such specific excavation.
902.03 PERMIT ISSUED. WHEN.
The permit shall be issued only after bond, or other surety, sufficient to cover the cost of restoration has been posted with the Village Administrator, conditioned upon prompt and satisfactory refilling of excavations and restoration of all surfaces disturbed.
902.04 CONDITIONS AND REQUIREMENTS FOR STREET AND SIDEWALK OPENINGS.
The following conditions and requirements shall apply to all applications for street and/or sidewalk openings: Persons engaging in any trenching operation shall familiarize themselves with the Federal safety standards promulgated by the Occupational Safety and Health Administration for excavations. No trench may be excavated unless the requirements of Federal, State and Local standards and regulations have been met and the permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit.
Trenches may pose a significant health and safety hazard. An excavator shall not leave any open trench unattended. Excavators shall consult regulations promulgated by the Federal, State and Local codes in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to eliminate said safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry.
At a minimum, any excavation or opening must be fully barricaded at all times to prevent injury to persons or animals. Any required traffic control shall be contracted through the Village Police Department or the Chief of Police’s designee.
Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment shall only employ individuals licensed to operate said equipment by the Department of Public Safety presented to said licensed operator before any excavation is commenced.
Any person engaged in or employing others in excavating or otherwise in any manner obstructing a portion or all of any street, sidewalk, alley, or other public way, at all times during the night season shall cause the area to be secured consistent with the requirement of the Ohio Manual of Uniform Traffic Control Devices.
Any permit issued shall be posted in plain view on the site of the trench and/or a copy maintained at all times on site.
902.05 RESTORATION OF PAVEMENT.
The opening and restoration of a pavement, or other surface, shall be performed under the direction and to the satisfaction of the Village Administrator, and in accordance with rules, regulations, and specifications heretofore or hereafter established by the Council. Upon failure or refusal of the permittee satisfactorily to fill the excavation, restore the surface, and remove all excess materials within the time specified in the permit or where not specified therein, within a reasonable time after commencement of the work, the Village may proceed, without notice, to make such fill and restoration and the bond required herein shall be deemed forfeited.
Thereupon, such funds shall be paid into the general fund for the street repairs. Any funds forfeited in excess of such repair costs shall be paid to the permittee. If the amount of such services performed by the municipality should exceed the amount of such deposit, the Village Fiscal Officer shall proceed to collect the remainder due from such permittee. If the security posted is a surety bond, notice shall be given to the surety to complete such restoration.
The restoration of any opening made in a street right-of-way pursuant to this section outside of the paved surface shall be made by backfilling the opening with compacted granular backfill or controlled density backfill to a distance of four feet from improved portion of street, or to the satisfaction of the Village Administrator. The top filling of the backfill shall be of soil. That portion of any opening that is in the improved portion of a street shall be restored by filling said opening with compacted granular backfill or controlled density backfill properly compacted, but the improved portion shall be rebuilt to the street specifications of the type of street that has been opened, and at the recommendation of the Village Engineer, the restoration may extend from curb to curb within the impacted street, if such impacted street has been constructed or reconstructed with asphalt within the previous five (5) years for concrete within the previous ten (10) years.
All sections of concrete roadway that have been cut or damaged shall be replaced to the nearest joint. Additional sections of concrete may need to be removed beyond the visibly damaged sections if there are any voids under the concrete roadway at the joints. New concrete roadway shall match the thickness of the existing roadway and include the same reinforcing bar as the removed sections. If the centerline joint had reinforcing bar in the concrete between the two sections of concrete, the contractor shall insert epoxy coated rebar dowels back into the existing slab at the same spacing and size as the existing rebar.
Whenever any tunneling, boring or drilling under a street right-of-way with an opening in excess of six inches is made, the opening shall be refilled by blowing or compacting either compacted granular backfill or controlled density backfill around any pipe or conduit inserted in such opening.
A violation of this chapter shall be an unclassified misdemeanor punishable by a fine of up to $1,000 for a first offense, and $2,000 for a second and subsequent offenses. Each day when an offense has occurred or when the work has not been properly permitted may be cited as a separate offense. The imposition of a fine under this chapter shall not prevent the Village from proceeding with civil action against an offender for any damages done to the sidewalks or the roadways in the Village of Golf Manor.