PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE

CODIFIED ORDINANCES OF KENT PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE TITLE ONE - STREET AND SIDEWALK AREAS. Chap. 901. STREETS, CURBS AND DRIVEWAYS. Chap. 903. SIDEWALKS. Chap. 905. EXCAVATIONS Chap. 907. FILLING, GRADING, EXCAVATING AND RETAINING WALL CONSTRUCTION TITLE THREE - UTILITIES. Chap. 911. UTILITIES Chap. 913. WATER Chap. 915. SANITARY SEWER USE Chap. 916. HOME SEWAGE DISPOSAL REGULATIONS. Chap. 917. PRIVATE SEWAGE DISPOSAL SYSTEMS Chap. 919. UTILIZATION CHARGES FOR CONNECTIONS TO WATER AND SEWER SERVICE Chap. 921. STORMWATER USE TITLE FIVE - ASSESSMENTS. Chap. 925. SPECIAL ASSESSMENTS. TITLE SEVEN - GARBAGE Chap. 933. CITYWIDE REFUSE SERVICE Chap. 935. RECYCLING AND SOLID WASTE COLLECTION TITLE NINE - USE OF RIGHT-OF-WAYS Chap. 937. USE OF PUBLIC WAYS BY SERVICE PROVIDERS 2012 Replacement

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3 CODIFIED ORDINANCES OF KENT PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE TITLE ONE - Street and Sidewalk Areas Chap. 901. Streets, Curbs and Driveways. Chap. 903. Sidewalks. Chap. 905. Excavations. Chap. 907. Filling, Grading, Excavating and Retaining Wall Construction. 901.01 Responsibility for installation, maintenance and repair. 901.02 Abandoned driveways, curb cuts, drive culverts and curb openings. 901.03 Repair and replacement standards. 901.04 Construction standards. 901.05 Plans required. 901.06 Improvements to existing facilities. 901.07 Curb cut permit required. 901.08 Devil strip parking areas. 901.09 Permits required for construction of driveway approaches. 901.10 Curb cut restoration; costs. 901.11 Curb cut width. 901.12 Location of curb cuts and driveway approaches. CHAPTER 901 Streets, Curbs and Driveways CROSS REFERENCES Power to establish and care for streets - see Ohio R.C. 715.19, 717.01, 723.01 Openings by Municipality - see Ohio R.C. 723.02 Excavation liability - see Ohio R.C. 723.49 et seq. Curb ramps required at pedestrian crosswalks - see Ohio R.C. 729.12 Assessment methods - see S.U. & P.S. Ch. 925 901.13 Street structures and appurtenances; cost of removal. 901.14 Building Inspector cooperation. 901.15 Unusual conditions. 901.16 Installation of curbs; specifications; curb ramps at pedestrian crosswalks. 901.17 Installation of catch basins; specifications. 901.18 Manhole specifications. 901.19 Access road permit for gas and oil well drilling operations. 901.20 Access road construction and use. 901.21 Bond requirements for access road permit. 901.99 Penalty December 2002 Replacement

901.01 STREETS, UTILITIES AND PUBLIC SERVICES CODE 4 901.01 RESPONSIBILITY FOR INSTALLATION, MAINTENANCE AND REPAIR. The abutting property owner shall be responsible for all costs associated with the construction, maintenance and repair of the street curb at downspout drain openings, street curb and street gutter at drive approaches, drive approaches from the edge of the street pavement to the property line, roof and yard drains to and including their point of connection to the street or public sewer, drive culverts, roadside ditches and swales, lawnstrips and the landscaping and other appurtenances contained therein. The owner shall keep these items in a state of good repair such that they serve the intended function without causing conditions which may be deemed dangerous or unsightly, or which may contribute to the premature deterioration of the public street. Upon service of notice to the owner at the last known tax mailing address, the owner shall correct the noted deficiency within sixty days. In addition to the penalty stated herein, failure to make the required corrections within the time allowed may result in the Service Director causing the work to be performed and the owner billed for all cost associated therewith plus twenty -five percent (25%). (Ord. 1986-4. Passed 1-22-86.) 901.02. ABANDONED DRIVEWAYS, CURB CUTS, DRIVE CULVERTS AND CURB OPENINGS. The abutting property owner shall be responsible for all costs associated with the removal and restoration of the roadway and lawnstrip of all abandoned drive-ways, curb cuts, drive culverts and curb openings. These items shall be deemed abandoned when they no longer make connection to a drive, parking area or drain (in the case of curb cuts for drainage purposes) on the private property or when their use has been abandoned for one year or more. The Service Director may cause such work to be performed according to the procedure outlined in Section 901.01 above. (Ord. 1986-4. Passed 1-22-86.) 901.03. REPAIR AND REPLACEMENT STANDARDS. Where repair, replacement and/or restoration is performed, such work shall conform to the original construction standards and specifications and the type of material, shape and finish shall conform to that of existing adjacent areas found in good repair. (Ord. 1986-4. Passed 1-22-86.) 901.04. CONSTRUCTION STANDARDS. All new and reconstructed drive approaches shall be hard-surfaced and all work shall be performed in accordance with the standards and specifications of the Deputy Service Director/Superintendent of Engineering. Structures within the right of way shall be of adequate strength to support the loads to which they may be subjected and shall be of adequate dimension to serve their intended use. (Ord. 2002-106. Passed 11-6-02) December 2002 Replacement

5 Streets, Curbs and Driveways 901.11 901.05. PLANS REQUIRED. The owner shall provide a plan of any new or revised structure proposed within the public right of way. The plan shall be of adequate detail to show all dimensions, elevations and details to insure proper construction and installation and shall be subject to the review and approval of the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-06-02.) 901.06. IMPROVEMENTS TO EXISTING FACILITIES. Where street widening and/or traffic control devices, or other improvements to the public street, are required in conjunction with the improvement of a private drive, such improvements shall be paid for by the owner of the private drive. (Ord. 1986-4. Passed 1-22-86.) 901.07. CURB CUT PERMIT REQUIRED. No person other than an authorized employee of the City shall cut, break out or remove any curb, construct a drive approach or sidewalk, install a culvert, modify the roadside drainage, install a drain, fence, tree or shrub or otherwise modify the area within or along any street or public way without a duly issued permit. (Ord. 1986-4. Passed 1-22-86.) 901.08. DEVIL STRIP PARKING AREAS. No person shall construct, alter or extend, or permit or cause to be constructed, altered or extended any driveway approach which can be used only as a parking space or parking area between the curb or edge of the street pavement and private property. (Ord. 1986-4. Passed 1-22-86.) 901.09. PERMIT REQUIRED FOR CONSTRUCTION OF DRIVEWAY APPROACHES. Any person constructing, reconstructing or modifying a driveway approach shall first secure a duly issued permit. (Ord. 1986-4. Passed 1-22-86.) 901.10. CURB RESTORATION; COSTS. Curb cut permits shall not be issued until provision is made for the restoration of existing curb cuts that are to be abandoned or which will not become a part of the new curb cut. Such restoration shall be at the expense of the owner, and the estimated cost of such restoration shall be deposited with the Director of Service. (Ord. 1962-134. Passed 11-21-62.) 901.11. CURB CUT WIDTH. For the purpose of constructing a driveway approach, no curb cut, opening or section of curb broken out or removed, or drive approach measured at the edge of the street pavement shall exceed thirty feet, except as provided in Section 901.15. For the purpose of constructing a driveway approach no curb cut opening or section of curb broken out or removed or drive approach measured at the edge of the street pavement shall be less than fifteen feet. (Ord. 1986-4. Passed 1-22-86.) December 2002 Replacement

901.12 STREETS, UTILITIES AND PUBLIC SERVICES CODE 6 901.12. LOCATION OF CURB CUTS AND DRIVEWAY APPROACHES. (a) No curb cut or driveway shall be located so that vehicles using them will cross a corner. (b) No part of a curb cut shall be in the area between a corner and the property line or street right-of-way line extended. (c) Two or more curb cuts or driveway approaches serving the same parcel of land shall be separated by at least one curb parking space. (d) No commercial, industrial or multifamily residential drive shall be located closer than fifty feet from two intersecting streets. (Ord. 1986-4. Passed 1-22-86.) 901.13. STREET STRUCTURES AND APPURTENANCES; COST OF REMOVAL. When a proposed curb cut or driveway approach interferes with street light poles or posts, traffic signal standards, signs, storm water inlets, hydrants, utility poles, fire alarm supports, underground ducts or pipes or other necessary street structures, the owner of the parcel of land served by the curb cut shall pay the expense of moving such structures. (Ord. 1962-134. Passed 11-21-62.) 901.14. BUILDING INSPECTOR COOPERATION. Any plans submitted to the Building Inspector for approval which include or involve unusual driveway approaches or problems shall be referred by the Building Inspector to the Service Director for his/her approval before a building permit is issued. (Ord. 1962-134. Passed 11-21-62.) 901.15. UNUSUAL CONDITIONS. The Service Director is hereby authorized to grant in writing variances from the strict application of the provisions of Sections 901.07 to 901.14, inclusive, provided: (a) The exception or variance desired arises from peculiar physical conditions or from the nature of the business or operation on abutting property. (b) The exception or variance desired does not impair the public interest, safety or convenience. (c) The exception or variance will not adversely affect the rights of adjacent owners or tenants. (d) The strict application of the terms of Sections 901.07 to 901.14, inclusive, will work unnecessary hardship. (Ord. 1962-134. Passed 11-21-62.) December 2002 Replacement

6B Streets, Curbs and Driveways 901.17 901.16. INSTALLATION OF CURBS; SPECIFICATIONS; CURB RAMPS AT PEDESTRIAN CROSSWALKS. (a) Except as provided by subsection (b) hereof, all curbs installed in the City, whether they are installed by the City, by a government agency, by private individuals or by corporations, shall, insofar as feasible, be constructed in accordance with the standard drawings and specifications of the Department of Transportation. (b) All new curbs hereinafter authorized and all existing curbs which are part of any reconstruction shall have a ramp with nonslip surface built into the curb at each pedestrian crosswalk so that the sidewalk and street blend to a common level. Such ramps shall not be less than forty inches wide and shall, insofar as feasible, be constructed in accordance with the standard drawings and specifications for curb ramps of the Department of Transportation. The provisions of this subsection (b) shall apply whether the sidewalk is installed by this City, other governmental agency, contractor, private individual, partnership or corporation. (Ord. 1986-4. Passed 1-22-86.) 901.17. INSTALLATION OF CATCH BASINS; SPECIFICATIONS. There is hereby established a standard for the installation or construction of catch basins in the City by either the City, by a government agency, by private individuals or by corporations. All catch basins shall have a minimum of eight-inch thick solid masonry walls and a minimum of six-inch thick concrete slab at the bottom of the same and the bottom of the basin shall be contoured to be self-cleaning and shall, insofar as is feasible, be constructed in accordance with the standard drawings and specifications of the Department of Transportation. (Ord. 1986-4. Passed 1-22-86.) 901.18. MANHOLE SPECIFICATIONS. (a) Every manhole installed in this City, whether the same is of precast concrete or brick, shall have underneath an eight inch concrete base slab. (b) The base slab shall be SHD Class "C" concrete. (c) Where a precast concrete manhole is used the base ring shall be blocked up in the excavation with concrete brick and an eight inch concrete base slab shall be poured into the excavated bottom so that the concrete flows under, in back of and outside of the precast base ring. (d) The provisions hereof shall apply whether the base slab is installed by this City, other governmental agency, contractor, private individual, partnership or corporation. (Ord. 1970-14. Passed 3-18-70.) 1998 Replacement

901.18 STREETS, UTILITIES AND PUBLIC SERVICES CODE 6C 901.19. ACCESS ROAD PERMIT FOR GAS AND OIL WELL DRILLING OPERATIONS. No person shall commence drilling for gas or oil within the limits of the City until the owner or lessee of the oil and gas rights relating to the property which is covered by the drilling permit issued by the State has first made application for and received an access road permit from the Director of Service upon such form or forms as the Director shall prescribe. All such applications shall be accompanied by a nonrefundable fee of two hundred fifty dollars ($250.00) and shall identify the applicant, the drilling company which is to drill the well and the owner or owners of the property which is covered by the drilling permit relating to the proposed well in question. Such application further shall be accompanied by a sketch or drawing, in forms satisfactory to the Director, showing the proposed well, tank and access drive location with respect to the property in question, proof of the drilling company's ownership of public liability insurance coverage in such amounts as the Director may prescribe, and such other information as the Director deems necessary in order to approve or disapprove the application. No permit shall be issued in any case where the proposed access road will not meet the City's minimum specifications therefor. Such permits, once issued, shall be revoked at any time thereafter upon written order of the Director if he/she finds that any information contained in the application therefor or in the documents accompanying such application is false, that the drilling permit issued by the State has been revoked or suspended, that the drilling company does not have in effect the minimum liability insurance coverage prescribed by the Director, that the access road has not been built or has not been used in accordance with the specifications and regulations prescribed therefor, or that the bond required by Section 901.21 has been canceled or is otherwise ineffective. (Ord. 1982-2. Passed 1-22-82.) 901.20. ACCESS ROAD CONSTRUCTION AND USE. All oil and gas drilling operation access roads shall be constructed and used in accordance with such specifications and regulations as the Director of Service shall prescribe, from time to time, and place on file with the Clerk of Council. Such specifications and regulations shall prescribe the location, size, and method and materials of construction for such access roads, and curb cuts, where applicable, drainage requirements for streets with open ditches, prevention, control and elimination of mud and debris on City streets, types of vehicles which may operate on such streets, the route of access to the drilling site over City streets, and provisions for the restoration of streets, sidewalks, curbs and other City property in cases where the same may be altered or damaged by drilling and related operations. (Ord. 1982-2. Passed 1-22-82.) 901.21. BOND REQUIREMENTS FOR ACCESS ROAD PERMIT In addition to the requirements imposed by Sections 901.19 and 901.20 and the specifications and regulations prescribed pursuant thereto, each application for an access road permit shall be accompanied by a cash bond or a surety bond satisfactory to the Director in the amount of twenty thousand dollars ($20,000), which bond shall remain in effect for the duration of the construction of the well, tanks and access road, and the six months following the completion thereof. Such bond shall be forfeited in the event that any damage or alteration caused by drilling and related operations to streets, sidewalks, curbs or other City property is not repaired or restored to pre-existing conditions and specifications within ten days after demand therefor is made by the Director upon the permit applicant. Any damages or costs of restoration or repair in excess of the bonded amount shall be borne jointly by the permit applicant and the drilling company and other persons responsible for such damages or costs of restoration or repair. (Ord. 1982-2. Passed 1-22-82.) 1998 Replacement

7 Streets, Curbs and Driveways 901.99 901.99. PENALTY. Whoever violates any provision of this chapter shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. 2004 Replacement

8A CHAPTER 903 Sidewalks EDITOR'S NOTE: There are no sections in Chapter 903. This chapter has been established to provide a place for cross references and any future legislation. CROSS REFERENCES Construction or repair at owner's expense - see Ohio R. C. 729.01 et seq. Notice to construct or repair sidewalks - see Ohio R. C. 729.03 et seq. Duty to keep in repair - see GEN. OFF. 521.05 Snow and ice removal - see GEN. OFF. 521.15 Assessment methods - see S.U. & P.S. Ch. 925 2004 Replacement

8B CHAPTER 905 Excavations 905.01 Definitions. 905.02 Permit; application; fees; placard. 905.03 Bond; charges; exception; return. 905.04 Routing of traffic. 905.05 Clearance for fire equipment. 905.06 Protection of traffic. 905.07 Removal and protection of utilities. 905.08 Protection of adjoining property. 905.09 Sidewalk excavations. 905.10 Protective measures. 905.11 Attractive nuisance. 905.12 Care of excavated material. 905.13 Damage to existing improvements. 905.14 Property lines and easements. 905.15 Clean-up. 905.16 Protection of water courses. 905.17 Backfilling. 905.18 Restoration of surface. 905.19 City's right to restore surface. 905.20 Emergency action. 905.21 Noise, dust and debris. 905.22 Preservation of monuments. 905.23 Inspections. 905.24 Maintain drawings. 905.25 Chapter not applicable to City work. 905.26 Insurance. 905.27 Liability of City. 905.99 Penalty. CROSS REFERENCES Openings by the Municipality - see Ohio R. C. 723.02 Liability for damage - see Ohio R.C. 723.49 et seq. Depth of excavation allowable - see Ohio R. C. 723.50 Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10 Barricades and warning lights - see GEN. OFF. 521.03 905.01 DEFINITIONS. The meaning of the words as used in this chapter shall be as stated in the following: (a) "Applicant" means any person making written application to the Deputy Service Director/Superintendent of Engineering for an excavation permit hereunder. (b) "City" means the City of Kent, Ohio. (c) "City Council" or "Council" means the City Council of Kent. (d) "Deputy Service Director/Superintendent of Engineering" means the Deputy Service Director/Superintendent of Engineering of Kent. (Ord. 2002-106. Passed 11-6-02) (e) "Excavation work" means the excavation and other work permitted under an excavation permit and required to be performed under this chapter. (f) "Permittee" means any person who has been granted and has in full force and effect an excavation permit issued hereunder. (g) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. December 2002 Replacement

905.02 STREETS, UTILITIES AND PUBLIC SERVICES CODE 8C (h) (i) "Street" means any street, highway, sidewalk, alley, avenue or other public way or public grounds in the City. "Lawnstrip" means any unpaved area within a public right-of-way or public grounds in the City. (Ord. 1978-27. Passed 3-1-78.) 905.02. PERMIT; APPLICATION; FEES; PLACARD. (a) Permit. No person shall dig up, break, excavate, tunnel, undermine or in any manner break up any street, sidewalk, lawnstrip, etc. or make or cause to be made any excavation in or under the surface of any street or sidewalk for any purpose or place, deposit or leave upon any street or sidewalk, lawnstrip, etc. any earth or other excavated material obstructing or tending to interfere with the free use of the street or sidewalk unless such person shall first have obtained an excavation permit therefor from the Deputy Service Director/Superintendent of Engineering as herein provided. Excavation permits are not required for work performed under City and/or State and federal contracts.(ord. 2002-106. Passed 11-2-02) (b) Application. No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the Deputy Service Director/Superintendent of Engineering. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the date of commencement and date of completion of the excavation, and other data as may reasonably be required by the Deputy Service Director/Superintendent of Engineering. The ap-plication shall be accompanied by plans showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to such excavation and of the proposed excavated surfaces, the location of the excavation work, and such other information as may be prescribed by the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-2-02) (c) Permit Fees. A permit fee shall be charged by the Deputy Service Director/Superintendent of Engineering for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The excavation permit fee shall be twenty dollars ($20.00) for each excavation opening required per lot, except when excavations for individual lots are made simultaneously and in conjunction with excavation for constructing new or extending existing public or private utility feeder and/or trunk lines to service two or more customers. A utility company shall be issued a permit that shall be valid for a period of one year and at a cost of twenty dollars ($20.00) to perform ordinary and usual maintenance work. (Ord. 2002-106. Passed 11-2-02) (d) Excavation Placard. The Deputy Service Director/Superintendent of Engineering shall provide each permittee at the time a permit is issued hereunder a suitable placard plainly written or printed in english letters at least one inch high with the following notice: "City of Kent, Ohio. Permit No. Expires " and in the first blank space there shall be inserted the number of such permit and after word "expires" shall be stated the date when such permit expires. It shall be the duty of any permittee hereunder to keep the placard posted in a conspicuous place at the site of the excavation work. No person shall exhibit such placard at or about any excavation not covered by such permit or misrepresent the number of the permit or the date of expiration of the permit. (Ord. 2002-106. Passed 11-2-02) December 2002 Replacement

8D Excavations 905.04 905.03. BOND; CHARGES; EXCEPTION; RETURN. (a) (b) Bond. No excavation permit shall be issued until the applicant has deposited with the Director of Budget and Finance a bond in the amount of the cost of repairs to the City street and facilities as estimated by the Deputy Service Director/Superintendent of Engineering. The bond shall be in the form of a certified check or money order payable to the City, or a permit bond issued by an approved surety company licensed in the State. The purpose of the required bond is to specifically insure that all excavations are restored in accordance with the current standards, drawings and specifications on file with the Deputy Service Director/Superintendent of Engineering. The minimum bond amount shall be five hundred dollars ($500.00); a permit bond in the amount of ten thousand dollars ($10,000) shall be deemed adequate for concurrent excavations for utility connections or similar type work at five or less locations. (Ord. 2002-106. Passed 11-2-02) Charges The costs incurred by the City, as defined in Section 905.19, for any repair made by the City for work the permittee fails to perform or properly perform shall be deducted from the bond on deposit with the Director. The Deputy Service Director/Superintendent of Engineering shall notify the permittee that defective workmanship by the permittee has caused the City to make the specified repairs and the cost thereof has been deducted from the bond posted by the permittee. The Deputy Service Director/Superintendent of Engineering shall notify the permittee of any additional amount that must be deposited with the City to cover the cost of City-made repairs above the amount of the bond and to maintain the bond in its 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. (Ord. 2002-106. Passed 11-2-02) (c) (d) Exception. Any homeowner performing work within the public right of way adjacent to the property at which he/she resides shall be exempt from the bonding requirements of subsection (a) hereof. Any costs incurred by the City as defined in Section 905.19 resulting from work performed by a homeowner exempt from bonding shall be billed to the property owner and shall be collected pursuant to Ohio R.C. Chapter 727. Bond Return. All work shall be approved by the City Inspector before a refund of bond money may be made to a permittee. It shall be the responsibility of the permit holder to obtain required inspections and to request in writing the return of his/her bond. The permit holder may choose to keep the bond on file for use on concurrent or subsequent projects provided the bond amount is adequate to cover the repair costs for all permits issued. (Ord. 1988-119. Passed 11-2-88.) 905.04. ROUTING OF TRAFFIC. The permittee shall take appropriate measures to assure that during the performance of the excavation work traffic conditions, as nearly normal as practicable, shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the Deputy Service Director/Superintendent of Engineering may permit the closing of streets to all traffic for a period of time prescribed by him/her, if, in his/her opinion, it is necessary. The permittee shall route and December 2002 Replacement

905.05 STREETS, UTILITIES AND PUBLIC SERVICES CODE 8E control traffic including its own vehicles as directed by the Police Department. The following steps shall be taken before any highway may be closed or restricted to traffic: (a) The permittee must receive the approval of the Deputy Service Director/Superintendent of Engineering and the Police Department therefor; (b) (c) (d) The permittee must notify the Fire Chief of any street so closed: Upon completion of construction work, the permittee shall notify the Deputy Service Director/Superintendent of Engineering and Police Department before traffic is moved back to its normal flow so that any necessary adjustments may be made; Where flagmen are deemed necessary by the Deputy Service Director/Superintendent of Engineering, they shall be furnished by the permittee at its own expense. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the Deputy Service Director/Superintendent of Engineering will designate detours. The City shall maintain roadway surfaces of existing highways designated as detours without expense to the permittee but in case there are no existing highways, the permittee shall construct all detours at its expense and in conformity with the specifications of the Deputy Service Director/Superintendent of Engineering. The permittee will be responsible for any unnecessary damage caused to any highways by the operation of its equipment. (Ord. 2002-106. Passed 11-2-02) 905.05. CLEARANCE FOR FIRE EQUIPMENT. The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within fifteen feet of fire plugs. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of piles of material or other obstructions. (Ord. 1978-27. Passed 3-1-78.) 905.06. PROTECTION OF TRAFFIC. The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples. Pedestrian crossings shall consist of planking three inches thick, twelve inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing as required by the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-2-02) 905.07. REMOVAL AND PROTECTION OF UTILITIES. The permittee shall not interfere with any existing utility without the written consent of the Deputy Service Director/Superintendent of Engineering and the utility company or person owning the utility. If it becomes necessary to remove an existing utility this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the utility. The permittee shall support and protect by timbers or otherwise all pipes December 2002 Replacement

8F Excavations 905.10 conduits, poles, wires or other apparatus which may be in any way affected by the excavation work and do everything necessary to support, sustain and protect them under, over, along or across such work. In case any of such pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them and the expense of such repairs shall be charged to the permittee and his/her or its bond shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage. (Ord. 2002-106. Passed 11-2-02) 905.08. PROTECTION OF ADJOINING PROPERTY. The permittee shall at all times and at his/her or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. Where, in the protection of such property, it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose, and if he/she cannot obtain a license from such owner, the Deputy Service Director/Superintendent of Engineering may authorize him/her to enter the private premises solely for the purpose of making the property safe. The permittee shall, at its own expense shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been back filled as required in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate City department or City official having control of such property. (Ord. 2002-106. Passed 11-2-02) 905.09. SIDEWALK EXCAVATIONS. Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over such excavation on the line of the side-walk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times. (Ord. 1978-27. Passed 3-1-78.) 905.10. PROTECTIVE MEASURES. The permittee shall erect such fence, railing or barriers about the site of the excavation work as shall prevent danger to persons using the City street or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight, there shall be placed upon such place of excavation and upon any excavated materials or structures or other obstructions to streets December 2002 Replacement

905.11 STREETS. UTILITIES AND PUBLIC SERVICES CODE 8G suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. No person shall remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public. (Ord. 1978-27. Passed 3-1-78.) 905.11. ATTRACTIVE NUISANCE. No permittee shall permit to remain unguarded at the place of excavation or opening any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children which is hazardous to their safety or health. (Ord. 1978-27. Passed 3-1-78.) 905.12. CARE OF EXCAVATED MATERIAL. All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the Deputy Service Director/Superintendent of Engineering shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites. (Ord. 2002-106. Passed 11-2-02) 905.13. DAMAGE TO EXISTING IMPROVEMENTS. All damage done to existing improvements during the progress of the excavation work shall be repaired by the permittee. Materials for such repair shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the Deputy Service Director/Superintendent of Engineering shall have the authority to cause such necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee, and the permittee shall also be liable on his/her or its bond therefor. (Ord. 2002-106. Passed 11-2-02) 905.14. PROPERTY LINES AND EASEMENTS. Property lines and limits of easements shall be indicated on the plan of excavation submitted with the application for the excavation permit and it shall be the permittee's responsibility to confine excavation work within these limits. (Ord. 1987-27. Passed 3-1-78.) 905.15. CLEAN-UP. As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All clean-up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the Deputy Service Director/Superintendent of Engineering. From time to time, as may be ordered by the Deputy Service Director/Superintendent of Engineering and in any event immediately after completion of such work, the permittee shall, at his/her or its own expense, clean up and remove all refuse and unused materials of any kind resulting from such work and upon failure to do so within twenty-four hours after having been notified to do so by the Deputy Service Director/Superintendent of Engineering, such work may be done by the Deputy Service Director/Superintendent of Engineering and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder. (Ord. 2002-106. Passed 11-2-02) December 2002 Replacement

8H Excavations 905.17 905.16. PROTECTION OF WATER COURSES. The permittee shall provide for the flow of all water courses, sewers or drains intercepted during the excavation work and shall replace the same in as good condition as it found them or shall make such provisions for them as the Deputy Service Director/Superintendent of Engineering may direct. The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. (Ord. 2002-106. Passed 11-2-02) 905.17. BACKFILLING. Backfilling in any street opened or excavated pursuant to an excavation permit issued hereunder shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug. Compacting shall be done by mechanical tappers or vibrators, by rolling in layers, or by water settling, as required by the soil in question and sound engineering practices generally recognized in the construction industry. The decision as to whether a trench shall be backfilled by water-settling shall be based upon such engineering practices and shall be made by the Deputy Service Director/Superintendent of Engineering. When water is taken from a fire hydrant the permittee shall assign one man to operate the hydrant and shall make certain that such man has been instructed by the City Water Department in the operation of the hydrant. The Water Department shall like-wise be notified at both the beginning and end of the job so that the condition of the fire hydrants can be checked on both occasions. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee on the terms agreed upon with the Water Department. (Ord. 2002-106. Passed 11-2-02) (a) (b) Backfilling by Water Settling. When backfilling is done by water settling, excavated materials above utility installations shall be deposited uniformly in layers of not more than five feet in thickness and shall be thoroughly flooded. During the flooding the water shall be allowed to flow slowly to the trench from high points and shall be worked down to the full depth of the layer of backfill with bars. All bars used shall be long enough to extend entirely through the layer being filled and shall be forced down through the loose backfill material. As the bars are withdrawn the water shall be allowed to flow downward around the bar. The channel or hold formed by the bar shall be kept open and the water kept running into it until the fill has settled. All work shall be done in such manner as to obtain a relative compaction through the entire depth of the backfill of not less than that existing adjacent to the excavation. Dry Backfilling. Backfilling up to the first eighteen inches above the top of the utility pipes or similar installations shall be done with thin layers. Each layer is to be tamped by manual or mechanical means. Layers that are hand tamped shall not exceed four inches in thickness. Layers that are power tamped shall not exceed six inches in thickness. The same requirements shall apply to the remainder of the backfilling if tamping is the method used for backfilling. Backfilling of all pipes of over twenty-four inches in diameter shall be carried up to the spring line of the pipe in three inch layers, with each layer moistened and thoroughly tamped with suitable mechanical equipment. (Ord. 1978-27. Passed 3-1-78.) December 2002 Replacement

905.18 STREETS, UTILITIES AND PUBLIC SERVICES CODE 8I 905.18. RESTORATION OF SURFACE. The permittee shall restore the surface of all streets, broken into or damaged as a result of the excavation work, to its original condition in accordance with the specifications of the Deputy Service Director/Superintendent of Engineering. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. Except when the pavement is to be re-placed before the opening of the cut to traffic, the fill above the bottom of the paving slab shall be made with suitable material well tamped into place.(ord. 2002-106. Passed 11-2-02) 905.19. CITY'S RIGHT TO RESTORE SURFACE. If the permittee has failed to re-store the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit or otherwise has failed to complete the excavation work covered by such permit, the Deputy Service Director/Superintendent of Engineering, if he/she deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty -five percent of such cost in addition for general overhead and administrative expenses. The City 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 City shall also enforce its rights under the permittee's surety bond provided pursuant to this chapter. (Ord. 2002-106. Passed 11-2- 02) 905.20. EMERGENCY ACTION. In the event of any emergency in which a sewer, main conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main conduit or utility, without first applying for and obtaining an excavation permit hereunder, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for an excavation permit not later than the end of the succeeding day during which the Deputy Service Director/Superintendent of Engineering's office is open for business and shall not proceed with permanent repairs without first obtaining an excavation permit hereunder. (Ord. 2002-106. Passed 11-2- 02) 905.21. NOISE, DUST AND DEBRIS. Each permittee shall conduct and carry out the excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and during the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the Deputy Service Director/Superintendent of Engineering or in case of an emergency as herein otherwise provided, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property. (Ord. 2002-106. Passed 11-2-02) December 2002 Replacement

8J Excavations 905. 27 905.22. PRESERVATION OF MONUMENTS. The permittee shall not disturb any surface monuments or hubs found on the line of excavation work until ordered to do so by the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-2-02) 905.23. INSPECTIONS. The Deputy Service Director/Superintendent of Engineering shall make such inspections as are reasonably necessary in the enforcement of this chapter. The Deputy Service Director/Superintendent of Engineering shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 2002-106. Passed 11-2-02) 905.24. MAINTAIN DRAWINGS. Users of sub-surface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures including abandoned installations. Corrected maps shall be filed with the Deputy Service Director/Superintendent of Engineering within sixty days after new installation, changes or replacements are made. (Ord. 2002-106. Passed 11-2-02) 905.25. CHAPTER NOT APPLICABLE TO CITY WORK. The provisions of this chapter shall not be applicable to any excavation work under the direction of competent City authorities by employees of the City or by any contractor of the City performing work for and in behalf of the City necessitating openings or excavations in streets. (Ord. 1978-27. Passed 3-1-78.) 905.26. INSURANCE. A permittee, prior to the commencement of excavation work hereunder, shall furnish the Deputy Service Director/Superintendent of Engineering satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of the excavation permit public liability insurance of not less than one hundred thousand dollars ($100,000) for any one person and three hundred thousand dollars ($300,000) for any one accident and property damage insurance of not less than fifty thousand dollars ($50,000) duly issued by an insurance company authorized to do business in this State. (Ord. 2002-106. Passed 11-2-02) 905.27. LIABILITY OF CITY. This chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued here-under; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized here-under, the issuance of any permit or the approval of any excavation work. (Ord. 1978-27. Passed 3-1-78.) December 2002 Replacement

905.99 STREET UTILITIES AND PUBLIC SERVICES CODE 8K 905.99. PENALTY. Whoever violates any provision of this chapter shall be guilty of a first degree misdemeanor as defined in Section 501.99. Each day such a violation is committed or permitted to continue shall constitute a separate offense. (Ord. 1978-27. Passed 3-1-78.) December 2002 Replacement

8L CHAPTER 907 Filling, Grading, Excavating and Retaining Wall Construction 907.01 Definitions. 907.02 Regulations. 907.03 Permit required. 907.04 Exceptions. 907.05 Prohibited excavation, grading or filling. 907.06 Permit application; fees; expiration. 907.07 Standards. 907.08 Operations. 907.09 Finished grading on fill operations; reestablishment of site on excavation and removal operations. 907.10 Appeals. 907.99 Penalty. CROSS REFERENCES Openings by the municipality - see Ohio R.C. 723.02 Liability for damage - see Ohio R.C. 723.49 Changing established grade - see Ohio R.C. 727.07 Digging, excavating and piling earth on streets - see Ohio R.C. 5589.10 Operation of commercial vehicles - see TRAF. Ch. 339 907.01 DEFINITIONS. For the purpose of this chapter, the following terms shall have the meanings provided in this section: (a) (b) (c) (d) (e) "Development Engineer" means a licensed professional engineer designated by the Community Development Director to be responsible for performance of all engineering and inspection services as may be assigned by the Community Development Director. "Excavation" includes removal, stripping or disturbance of soil, earth, sand, rock, gravel or other similar substance from the ground and includes dredging, draining, unnaturally flooding or otherwise altering a wetland. "Filling" includes the placing of any soil, earth, sand, rock, gravel or other similar substance on the ground or within a wetland. "Grading" includes any operation involving either excavation and/or filling. "Ground" includes, but is not limited to, land below the banks and beds of any river. 1998 Replacement

907.01 STREETS. UTILITIES AND PUBLIC SERVICES CODE 8M (f) "Hydric soils" includes, but is not limited to soil types as indicated by the Soil Survey of Portage County, Ohio, prepared by the United States Department of Agriculture. (See also Section 907.06(a)(1)L.) (g) "Retaining wall" includes any change in the grade of the surface of the ground creating a difference in vertical elevation between two points of more than four feet and creating a slope greater than one foot vertical to one foot horizontal. (h) "Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Wetlands shall possess three essential characteristics: (1) Hydrophytic vegetation; (2) Hydric soils; and (3) Wetland hydrology. (Ord. 1990-44. Passed 8-8-90; Ord. 1991-23. Passed 5-1-91.) 907.02 REGULATIONS. (a) (b) (c) No filling, grading, excavating or retaining wall construction shall be commenced in the City except as hereinafter provided, and then only in full compliance with the requirements, standards and conditions contained herein. The provisions of this chapter shall not be construed as permitting the applicant to carry on any commercial operation or business or use any premises or buildings or structures thereon for any purpose not permitted by other provisions of this chapter or the Zoning Ordinance. For the purpose of this section, an excavation shall not be considered a commercial operation or business if the excavation is incidental to and necessary for establishment or operation of a use permitted in the applicable zoning district. The provisions of this chapter shall apply to all excavations, grading or filling operations which are being worked at the time this chapter goes into effect as provided in Section 907.04 and except that any existing operation shall be completed within one year from the effective date of this chapter provided that written notice of intention to continue such operation for such time is filed with the Community Development Department within thirty days after the effective date of this section. No existing operation shall be extended in area or any new operation commenced after such date without first securing a permit therefor as hereinafter provided, and such operation shall be subject to all of the provisions of this chapter. (Ord. 1990-44. Passed 8-8-90; Ord. 1991-23. Passed 5-1-91.) 1998 Replacement